P. Sam Koshy, J
1. The applicant has preferred this bail application under Section 439 of Cr.P.C. in connection with Crime No.183/2018 registered at Police Station
Kanker, District Kanker (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 34 of IPC.
2. Present applicant is in jail since 29/12/2017.
3. As per the prosecution case, the applicant along with the co-accused person is said to have exhausted a huge amount of money from the
complainant - J.K.Mandavi on the pretext of providing government employment. However, they did not provide the same, neither did they returned the
money back to the complainant leading to the filing of the F.I.R.
4. The counsel for the applicant submits that, the complainant in the instant case has since been examined before the trial court and he has not
supported the case of prosecution and has turned hostile. He further submits that, on the identical set of charge, the co-accused - Horilal Pankaj has
already been released on bail vide MCRC No. 2561/2018 dated 19/06/2018 and submits that since the case of the applicant is on parity, he is also
entitled for being released on bail.
5. The aforesaid contentions have not been disputed by the State counsel.
6. However, the State counsel opposes the bail application on the ground that, the manner in which the applicant had defrauded the complainant is
quite serious and he do not deserve to be released on bail at this juncture.
7. Considering the entire facts and circumstances of the case, particularly taking note of the order passed in the case of Horilal Pankaj against whom
the charges are if not identical but similar to the charges made against the applicant. Moreover the complainant himself i.e. J.K.Mandavi has turned
hostile and has not supported the case of prosecution, this Court is of the opinion that, prima-facie, a strong case has been made out for grant of bail to
the present applicant.
8. Accordingly, the application for grant of bail is allowed. It is ordered that the applicant shall be released on bail on his executing a personal bond for
a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Trial Court. The applicant shall thereafter appear before the
Trial Court on each and every date given by the said court.
