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Baldev Prasad Dheewar vs State Of Chhattisgarh 43 … on 27 June, 2019

1

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRC No. 3189 of 2019

 Baldev Prasad Dheewar S/o Late Shri Jahoran Lal Dheewar Aged About 47
Years R/o Village Semartal Police Station Koni, District Bilaspur Chhattisgarh

—- Applicant

Versus

 State Of Chhattisgarh Through SHO Police Station Koni, District Bilaspur
Chhattisgarh

—- Respondent

For Applicant : Shri Achyut Tiwari, Advocate

For Respondent/State : Shri Rajesh Singh, Dy. GA

Hon’ble Shri Justice Goutam Bhaduri

Order On Board

27/06/2019

1. This is the Fourth Bail Application filed under Section 439 of the Code of

Criminal Procedure for grant of regular bail to the applicant who has been

arrested on 10.02.2016 in connection with Crime No.37/2016 registered at

Police Station Thana – Koni, District Bilaspur (CG) for the offence punishable

under Sections 409, Section406, Section408 Section120-B IPC.

2. The first bail application bearing M.Cr.C. No.3472 of 2016 was dismissed on

05.09.2016. The second bail application bearing M.Cr.C. No.5437 of 2017 was

dismissed on 30.08.2017 and the third bail application which was the temporary

bail bearing M.Cr.C. No.5465 of 2018 was allowed and the applicant was
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released for a period of two weeks on account of death of his mother.

3. As per the prosecution case, the applicant, who was the in-charge Manager of

Sewa Sahakari Samiti, Semartal in connivance with the President Vice

President has withdrawn certain amount of Rs.61,00,000/- for which the entry

was not made in Cash Register; thereby the offence has been committed.

4. Learned counsel for the applicant submits that the charges have been framed

under Sections 120 and Section408/Section409 IPC only and no charge has been framed

under Section 406 IPC. He would further submit that the applicant is in jail

since 10.02.2016 and the trial has been stayed in other case, whereby the

applicant is lodged in jail, therefore, the applicant may be released on bail.

5. Per contra, learned State counsel opposes the prayer for grant of bail.

6. Considering the pretrial detention as the applicant is in jail since 10.02.2016

and also taking into that the trial has been stayed, which is not disputed, I am

inclined to release the applicant on bail.

7. Accordingly, the application is allowed and the applicant is directed to be

released on bail on his executing a personal bond in sum of Rs.25,000/- with

one surety in the like sum to the satisfaction of the trial Court. He is directed to

appear before the trial Court on each and every date given by the said Court.

Sd/-

Goutam Bhaduri
Judge
ashu

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