Gaursingh Paikra vs State Of Chhattisgarh
2023 Latest Caselaw 166 Chatt

                                                                       NAFR
              HIGH COURT OF CHHATTISGARH, BILASPUR
                               MCRC No. 9498 of 2022
      Gaursingh Paikra S/o Brijsingh Paikra, Aged About 46 Years R/o
       Vilage Maharaji, Chowki- Giroudhpuri, P.S. Gidhuri- Tundra,
       District Baloda Bazar Bhatapara (Chhattisgarh) ---- Applicant
                                   Versus
      State Of Chhattisgarh Through P.S. Gidhuri- Tundra, District
       Baloda Bazar Bhatapara Chhattisgarh       ---- Respondent

For the Applicant/s :- Mr. Hemant Gupta, Advocate For the State :- Mr. G.P. Kurre, PL _______________________________________________________________

Hon'ble Shri Justice Sachin Singh Rajput,

Order on Board 09.01.2023

The applicant has preferred this first bail application under Section 439

of the Cr.P.C. for grant of regular bail as he is in custody in connection with

crime No. 165 of 2021 registered in Police Station Gidhuri-Tundra, Revenue &

Civil - Baloda-Bazar- Bhatapara, CG for offence punishable under Section

420 of IPC.

2. Case of the prosecution in brief is that during the period of 2018 -

2019, the applicant withdrew an amount of Rs. 6,21,417/- from the bank

account of Forest Management Committee Maharajhi by taking benefit that

his Adhaar Card was linked with the account of Forest Management

Committee.

3. Learned counsel for the applicant submits that the applicant has not

committed any offence and has been falsely implicated in the case. He further

submits that at that point of time the applicant was president of Forest

Management Committee and in order to meet the daily expenses of Forest

Management Committee, the amount was withdrawn in different installment.

He further submits that the applicant is in jail since 16.08.2022, charge-sheet

has already been filed, trial is not concluded as yet, therefore, he may be enlarged on bail. He relies upon judgment of the Supreme court in the case of

Sanjay Chandra V. Central Bureau of Investigation, (2012) 1 SCC 40.

4. State counsel opposes the application and submits that the withdrawal

could be made only in the signatures of the President and the Forest

Management Committee, whereas the applicant has withdrawn that amount

therefore, the offence has been made out, he is not entitled for bail.

5. I have heard learned counsel for the parties and perused the case

diary.

6. Considering the facts and circumstances of the case, looking to the

fact that nature of allegations, applicant is in jail since 16.08.2022; charge-

sheet has already been filed; trial may take some time for conclusion, without

commenting anything on the merits of the case; and in view of judgment of the

Supreme Court in the case of Sanjay Chandra (Supra), I am inclined to

enlarge the applicant on bail.

7. Accordingly, the bail application is allowed and it is directed that on

applicant shall be released on bail on his furnishing a personal bond in the

sum of Rs. 25,000/- with one solvent surety for the like amount to the

satisfaction of the concerned trial Court on the condition that :-

a) he shall appear before the trial Court regularly on each and every date,

unless exempted from appearance.

b) he shall not make any attempt to tamper with the prosecution

witnesses.

c) he is restrained from meeting any of the prosecution witnesses, till

conclusion of trial.

8. The observations made hereinabove is only for the purpose of

deciding the bail application and the trial will decide the case on its own merit

without being influenced by any observation made hereinabove.

                 Certified copy as per rules.                           Sd

                                                              (Sachin Singh Rajput)
                                                                      Judge
PAWAN