Allowed

Junaid Mohammad Khan v. State of Chhattisgarh

Chhattisgarh HC8 Aug 2022MCRCA/335/2022

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh granted anticipatory bail to the applicant under Section 438 CrPC in a cheating case, noting a significant delay in filing the FIR and the civil nature of the transaction involving a dishonoured cheque.

What did the court decide?

Application allowed; anticipatory bail granted on a personal bond of Rs.25,000/- with one surety for appearing in court and not tampering with witnesses.

Junaid Mohammad Khan Vs State of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRCA No. 335 of 2022

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Junaid Mohammad Khan S/o Late J. M. Khan Aged About 33 Years R/ o Ward No. 06, Mandi Chowk, Takhatpur, District Bilaspur Chhattisgarh At Present Address Gandhi Chowk, Juna Bilaspur, Thana City Kotwali, Bilaspur District Bilaspur Chhattisgarh --- Applicant.

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Versus

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State Of Chhattisgarh Through Police Station City Kotwali, Bilaspur District Bilaspur Chhattisgarh --- Respondent.

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CAUSE TITLE TAKEN FROM CIS PERIPHERY

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----------------------------------------------------------------------------------------------For Applicant : Mr. K.P.S. Gandhi, Adv. For Respondent/State : Mr. Praveen Shrivastava, PL.

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Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board

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08.08.2022

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This is the first application under Section 438 of the Code of Criminal Procedure filed by the accused/applicant for grant of anticipatory bail in connection with Crime No.30/2022 registered at Police Station City Kotwali, Bilaspur for the offence punishable under Section 420 IPC.

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Prosecution story in brief is that the complainant along with applicant went to Satya Automobile showroom for purchasing the old car. For the said purpose the consideration amount was paid by the complainant. Even the cost amount of repair was also transfer to the applicant. But the applicant dishonestly sold the car and utilize the money for his use and thereby cheated the 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 would submit that the applicant and the complainant are best friends and they invested money for the business of sale and purchase of vehicle. He would further submit that the incident took place in the year

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2017 but the FIR has been lodged in the year 2022 i.e. after 4 years. He would further submit that applicant has given a cheque of Rs.1.60 lakhs which was dishonoured due to insufficient fund therefore, transaction was purely of civil nature. On instructions from the applicant, counsel submits that the applicant will refund the amount of cheque within two months to the complainant. Therefore, the accused/ applicant may be granted anticipatory bail.

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Per contra, learned State counsel opposes the prayer for bail.

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Having considered the facts and circumstances of the case, nature of dispute and considering the submission made by counsel on behalf of applicant, this Court is of the opinion that the accused/applicant can be granted anticipatory bail.

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Accordingly, the application is allowed and it is directed that in the event of arrest of the applicant, on furnishing a personal bond in the sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail on the following conditions:-

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(a) he shall make himself available for interrogation by a police officer as and when required,

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(b) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court or to any police officer,

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(d) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial, (e) he shall not involve himself in any offence of similar nature in future.

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Sd/-

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(Deepak Kumar Tiwari) Judge

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Ajay

Junaid Mohammad Khan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Junaid Mohammad Khan v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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