Allowed

Vinod Kumar Sahu v. State of Chhattisgarh

Chhattisgarh HC21 Sept 2022MCRC/7976/2022

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh granted regular bail to the applicant under Section 439 CrPC who was arrested for misappropriation involving Rs. 39.42 lakhs. The court allowed bail due to delay in trial and non-framing of charges by the trial court, requiring a bail bond of Rs. 25,000 with one surety.

What did the court decide?

Applicant released on regular bail upon furnishing a bail bond of Rs. 25,000/- with one surety in the like sum.

Vinod Kumar Sahu Vs State of Chhattisgarh — Banking and Recovery | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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M.CR.C. No. 7976 of 2022

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Vinod Kumar Sahu, S/o. Kanhaiya Lal Sahu, aged about 40 years, R/o. LIG - 416, Sector - 03, Housing Board Colony, Saddu, PS - Vidhansabha, District – Raipur, Chhattisgarh

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---- Applicant

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Versus

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State of Chhattisgarh, through : Police Station - Devendra Nagar, District Raipur, Chhattisgarh.

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---- Respondent

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For Applicant : Mr. Sanjay Agrawal, Advocate For Respondent/State : Mr. R.K. Bhagat, Dy.G.A.

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Hon'ble Shri Justice Parth Prateem Sahu Order On Board

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21/09/2022

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Applicant has filed this bail application under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail as he has been arrested in connection with Crime No.50/2021, registered at Police Station – Devendra Nagar, District – Raipur (C.G.) for offence punishable under Section 420, 467, 468, 471, 409 of Indian Penal Code.

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This is third bail application of applicant for grant of regular bail. His earlier bail applications were dismissed as withdrawn vide order dated 29.10.2021 and 02.05.2022 in M.Cr.C. No.6036 of

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2021 and M.Cr.C. No.3464 of 2022 respectively.

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Case of prosecution is that, applicant while working as Accounts In-charge at State Consumer Forum, Raipur misappropriated Rs.39,42,000/-. On filing of complaint by one Devendra Kumar Dewangan, aforementioned crime was registered against applicant and he was arrested on 07.04.2021.

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Shri Agrawal, learned counsel for applicant would submit that this third bail application has been filed on the ground of delay in trial. He contended that applicant is in jail since 07.04.2021 and till date charges have not been framed against applicant and one another accused persons. Offence is triable by Judicial Magistrate First Class. He submits that co-accused in this case has already been released on bail by learned Court below. Hence, applicant may also be enlarged on regular bail.

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Shri Bhagat, learned counsel for State opposing the submissions made by learned counsel for applicant would submit that there is serious allegation against applicant that while he was working as Accounts Incharge, misappropriated huge amount of Rs. 39,42,000/-, therefore, he is not entitled for grant of bail.

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I have heard learned counsel for the parties.

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Taking into consideration the facts and circumstance of the case, pre-trial detention of applicant since 07.04.2021, submissions of learned counsel for applicant based on order-sheet of trial Court dated 02.08.2022 that charges are yet to be framed, offences are triable by Judicial Magistrate First Class, without commenting

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anything on merits of the case, I am inclined to allow the bail application.

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Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is directed that the applicant shall be released on regular bail upon his furnishing a bail bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that:-

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a). Applicant shall appear before the trial Court regularly on each and every date, unless exempted from appearance.

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(b). Applicant shall not, in any manner, tamper with the prosecution witnesses.

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c). If the applicant is found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail.

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Certified copy as per rules.

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Sd/- (Parth Prateem Sahu) Judge

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Balram

Vinod Kumar Sahu v. State of Chhattisgarh

Case brief

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Vinod Kumar Sahu v. State of Chhattisgarh

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