Allowed

Samir Chatterjee v. State of Chhattisgarh

Chhattisgarh HC3 Dec 2022MCRC/9273/2022

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a second bail application filed by an applicant accused in a housing loan fraud case. Relying on the coordinates’ grant of bail to co-accused and the applicant’s prolonged custody, the court released him on personal bond.

What did the court decide?

Released on bail on furnishing a personal bond in the sum of Rs. 50,000 with one solvent surety.

Samir Chatterjee Vs State of… — Contract and Commercial Disputes | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 9273 of 2022

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Samir Chatterjee S/o Kartik Chatterjee Aged About 36 Years R/o Sector 6, Road 38, Bhilai, District - Durg, Chhattisgarh.

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---- Applicant

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Versus

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State Of Chhattisgarh Through - The Ps, Civil Lines District Raipur Chhattisgarh. ---- Respondent

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For the Applicant/s :- Mr. N. Naha Roy, Advocate For the State :- Mr. B.P. Banjara, Dy. GA

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Hon'ble Shri Justice Sachin Singh Rajput,

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Order on Board

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03.12.2022

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The applicant has preferred this Second bail application under Section 439 of the Cr.P.C. for grant of regular bail as he is in custody in connection with crime No. 147 of 2020 registered in Police Station Civil Lines, Raipur, CG for ofence punishable under Sections 419, 420, 467, 468, 471, 120(B), 34 of IPC. The frst bail application was dismissed on merits vide order dated 12.02.2021 passed in MCRC No. 5545 of 2020.

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Case of the prosecution in nutshell is that the manager of the Union Bank of India lodged a report alleging the co-accused persons of the present case submitted false documents to secure housing loans worth of Rs. 119.36 Lakhs.

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Learned counsel for the applicant submits that the applicant has not committed any ofence and has been falsely implicated in the case. He further submits that there is change in circumstances

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and other co-accused Ritesh Chakroborty and Amit Das have already granted bail by the co-ordinate Bench vide order dated 19.09.2022 passed in MCRC No. 5899 of 2022 and vide order dated 09.05.2022 passed in MCRC No. 1474 of 2022 respectively. He further submits that the applicant’s documents were involved in the case wrongly and without his knowledge and there is no criminal antecedents against the present applicant. He lastly submits that the applicant is in jail since 03.06.2020; charge-sheet has already been fled and conclusion of the trial is likely to take some time, therefore, applicant may be released on bail.

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State counsel opposes the bail application and submits that there is no criminal antecedents against the present applicant.

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

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Considering the facts and circumstances of the case, applicant is in jail since 03.06.2020, and considering the nature of allegations; trial may take some time for conclusion; without commenting on the merits of the case and co-accused persons have already been granted bail by the co-ordinate Bench, I am inclined to enlarge the applicant on bail.

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Accordingly, the bail application fled by applicant is allowed and it is directed that on applicant shall be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- with one solvent surety for the like amount to the satisfaction of the concerned trial Court. He shall appear before the trial Court on each and every date given by the said trial Court, till disposal of the trial.

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Certifed copy as per rules.

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(Sachin Singh Rajput) Judge

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Sd/-

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PAWAN

Samir Chatterjee v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Samir Chatterjee v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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