High Court allowed a bail application under Section 439 Cr.P.C. for an accused in custody regarding cheating charges involving cheque disputes, granting regular bail accompanied by a personal bond and a surety, considering a post-arrest compromise between parties.
Annual leave application is allowed and bail is directed.
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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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 5686 of 2021
Vinod Kumar Singh S/o Rajvallabh Singh, Aged About 48 Years, R/o Deepak Nagar, P.S. Mohan Nagar, Tehsil and District Durg Chhattisgarh.
---- Applicant
Versus
State of Chhattisgarh Through S.H.O. P.S. Mohan Nagar, District Durg Chhattisgarh.
---- Non-applicant
------------------------------------------------------------------------------------------For Applicant : Mr. B.P. Singh, Advocate For Non-applicant/State : Mr. D.P. Singh, Dy. Advocate General For Complainant/objector : Mr. Bharat Sharma, Advocate
Hon'ble Shri Justice Parth Prateem Sahu Order on Board
01.11.2021
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demanded for some time to make payment. Applicant on the statement of complainant stated that he is in need of money and wants to withdraw his money back in the month of March itself. Looking to the pressure and threat, complainant stated that he will make his effort for making payment in the month of March itself. Complainant has given a cheque of Rs.5 Lacs on 14.03.2019 and thereafter, a cheque of Rs.8 Lacs on 20.03.2019. Incident was reported to concerned Police Station, based upon which, instant crime was registered against the applicant.
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applicant, would submit that as per allegation, complainant has handed over two cheques under threat. There are two other criminal antecedents reported in case diary against the applicant, hence, applicant is not entitled for the benefit under Section 439 of Cr.P.C.
a) He shall appear before the trial Court concerned regularly on each and every date unless exempted from appearance. b) He shall not, in any manner, tamper with the prosecution
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witnesses.
c) If the applicant is found involved in similar offence in future, it will be open for the State to apply for cancellation of bail.
Certified copy as per rules.
Sd/(Parth Prateem Sahu) Judge
Yogesh
2 issues framed by the court
Whether bail should be granted to the applicant in custody pending trial in a complaint of cheating and demanded money.
Whether the compromise between the parties and the absence of comment on merits warrants release on bail.
2 provisions across 1 enactments
Vinod Kumar Singh
State of Chhattisgarh
Parth Prateem Sahu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
