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2013 DIGILAW 84 (CHH)

BHAGVAT SINGH v. STATE OF C. G.

2013-03-05

MANINDRA MOHAN SHRIVASTAVA

body2013
ORDER 1. Heard. 2. The applicant has moved this application under Section 439 of the Cr.P.C. for grant of regular bail in connection with Crime No.148/2011 registered at Police Station Dongargaon, District Rajnandgaon for the offence punishable under Section 420, 171, 506, 120- B/34 of IPC. The applicant has been arrested on 02-02-2013. 3. Case of the prosecution is that the applicant and other accused cheated the complainant and demanded Rs.2 Lakh, settled at Rs.80,000/-, before money could be paid, police arrived at the spot. 4. Learned counsel for the applicant submits that the applicant's appearance is at later stage, after other accused met with the complainant. He submits that the applicant did not commit any overt act to show that he was involved in the alleged conspiracy and cheating. He further submits that no money has been collected by the applicant and he is in jail since 02-02-2013. It is also submitted that other accused namely Smt. Kanti Bai, Ranjit, Amitabh, Malaram and Heman lal have been granted bail by the Court below. 5. On the other hand, learned State counsel submitted that other accused have been granted bail on account of their long detention, whereas the present applicant absconded and thereafter, he was arrested only on 02-02-2013. He further submits that there are three other cases under Section 107/116 of the Cr.P.C., registered against the applicant, which shows that the applicant is a habitual offender. 6. Taking into consideration the totality of the circumstances, particularly that the applicant, according to prosecution, was contacted at a later stage of the incident and further taking into consideration that no money has been recovered by the applicant and that the applicant is in jail since 02-02-2013 and charge sheet has already been filed, the application is allowed. It is ordered that the applicant shall be released on bail on furnishing a personal bond of Rs.25,000/- along with one local surety of the like amount to the satisfaction of the trial Court. He shall appear before the trial Court regularly on each and every date, unless exempted. Application Allowed.