Allowed

Manish Singh v. State of Chhattisgarh

Chhattisgarh HC29 Oct 2021MCRC/7124/2021

Case brief

AI extract

What is this about?

In a bail application under Section 439 CrPC, the High Court of Chhattisgarh allowed an accused charged with cheating under IPC 420 to be released on personal bond with surety, noting the gravity of the offence but citing lack of documentary evidence and length of detention.

What did the court decide?

Application allowed; applicant directed to be released on personal bond of Rs. 1,00,000 with one local surety.

Manish Singh Vs State of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2021)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 7124 of 2021

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Manish Singh S/o Late Mohan Singh, Aged About 36 Years R/o House No. B-10/16, Dhebar City, Bhathagaon, Police Station Purani Basti, Raipur, Tehsil And District Raipur, Chhattisgarh.

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---- Applicant

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Versus

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State of Chhattisgarh, Through : Police Station Moudahapara, Raipur, District Raipur, Chhattisgarh.

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	---- Respondent
For Applicant	: Mr. Manoj Paranjpe, Adv.
For Respondent/State	: Mr. Wasim Miyan, P.L.

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Hon'ble Smt. Justice Rajani Dubey Order on Board

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29/10/2021

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The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 98/2021 registered at Police Station-Moudahapara, Raipur District - Raipur (C.G.) for the offence punishable under Section 420 of the IPC.

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The prosecution story, in brief in that, complainant Sheikh Arif Ahmad lodged a report alleging that the present applicant has cheated him and has secured Rs. 1,50,000/- on the pretext of providing loan of Rs. 50,00,000/- from Federal Bank. It is also alleged that the applicant has projected himself as an Agent of Federal Bank and has induced the applicant. It is further alleged that Rs. 1 lakh cash was paid to the applicant and Rs. 50,000/- was deposited in the bank account of wife of the applicant. Based on this, offence has been registered against the present applicant.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that no documentary evidence has been produced by the complainant to show that an amount of Rs. 1 lakh cash was paid to the applicant and the account statement of wife of the applicant of Bank of Baroda is filed herewith (Annexure-A/4) to show that no such amount was transferred to her account. He also submits that the applicant is in jail since 06.08.2021, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

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On the other hand, counsel for the State opposes the bail application.

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I have heard learned counsel for the parties and perused the case diary.

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Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant that he is in jail since 06.08.2021, and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

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Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 1,00,000/- with one local 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 to him by the said Court.

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Sd/(Rajani Dubey) Judge

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H.L. Sahu

Manish Singh v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Manish Singh v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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