This single-judge order finally rejected a bail application filed under Section 439 Cr.P.C. The court held that direct evidence of deception for receiving money made it unfit to release the applicant.
The bail application filed under Section 439 Cr.P.C. is rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 5977 of 2017
---- Applicant
Versus
---- Respondent
---------------------------------------------------------------------------------------For Applicant : Shri Ajay Thakre, Advocate For Respondent/State : Shri Lav Sharma, Panel Lawyer
Hon'ble Shri Justice Ram Prasanna Sharma Order On Board
24.11.2017
1 . Heard the matter finally.
2 . This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.425/2014, registered at Police Station Bhilai Nagar, District Durg(CG) for the offence punishable under Section 420 read with Section 34 of the IPC.
3 . As per the case of prosecution, the applicant made deception to the complainant for selling of land registered in the name of her mother and fraudulently and dishonestly induced her to pay Rs.3,00,000/- and obtained Rs.2,95,000/- from her, but refused to execute the sale deed in favour of the complainant.
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8 . Accordingly, the bail application filed under Section 439 Cr.P.C. is rejected.
Sd/
(Ram Prasanna Sharma) JUDGE
sunita
1 issue framed by the court
Whether the present is a fit case to grant regular bail to the applicant arrested for cheating under Section 420 IPC.
2 provisions across 2 enactments
Rahul Bhavsagar
State Of Chhattisgarh Through Police Station Bhilai Nagar
Ram Prasanna Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
