The High Court of Chhattisgarh allowed an application for regular bail under Section 439 Cr.P.C. filed by an applicant booked for cheating. The court directed release upon furnishing a bail bond with one surety subject to standard conditions.
Regular bail granted upon furnishing a bail bond of Rs.25,000/- with one surety in the like sum.
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. 8260 of 2021
Shivaji Sarkar S/o Shri Dushashan Sarkar Aged About 30 Years (Occupation Govt. Servant) R/o Village Dharamjayagarh Colony, Police Station And Tahsil Dharamjaygarh, District Raigarh, Chhattisgarh, District : Raigarh, Chhattisgarh
----Applicant
Versus
State Of Chhattisgarh Through The Station House Officer, Police Station Pathalgaon, District Jashpur, Chhattisgarh, District : Jashpur, Chhattisgarh
---- Respondent
For Applicant : Shri Shubham Dev Mallick, Advocate For Non-applicant : Shri Amit Kumar Verma, Panel Lawyer For Objector : Shri Anuroop Panda, Advocate
S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board
10/12/2021
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March 2020 to the tune of Rs.2,79,658/-. When further installment was not paid, the other officials visited to poultry farm as shown by applicant in the document of the company. They did not found poultry farm as stated by applicant. Therefore, a written report was lodged on 20.3.2021. Based upon written report, aforementioned crime was registered against applicant and he was arrested on 24.9.2021.
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hence, he may be enlarged on bail.
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to the satisfaction of the Court on the conditions that:-
a) Applicant shall appear before the trial Court regularly on each and every date, unless exempted from appearance.
b) Applicant shall not, in any manner, tamper with the prosecution witnesses.
c) If the applicant is found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail.
Certified copy as per rules.
Sd/-/-/---/-/(Parth Prateem Sahu) Judge
Praveen
1 issue framed by the court
Whether the applicant is entitled to regular bail in a cheating case under Section 420 IPC where significant installments were paid and land remains mortgaged.
1 provisions across 1 enactments
Shivaji Sarkar
State Of Chhattisgarh Through The Station House Officer, Police Station Pathalgaon, District Jashpur
Parth Prateem Sahu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
