Allowed

Satendar Kumar Mehto v. State of Chhattisgarh

Chhattisgarh HC4 Jan 2023MCRC/10840/2022

Case brief

AI extract

What is this about?

The High Court allowed a second bail application under Section 439 CrPC in a cheating by impersonation case. Considering the complainant's hostile stance, the applicant's clean record, and the length of detention, the court granted bail without comment on the merits of the conviction.

What did the court decide?

The applicant was released on bail on executing a personal bond for Rs.50,000/- with one solvent surety of the same amount.

Satendar Kumar Mehto Vs State of Chhattisgarh — Bail and Remand | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 10840 of 2022

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Satendar Kumar Mehto, aged about 24 years, S/o Ram Nayan Mehto, R/o Village Ajarriya, PS Riga, Distt. Sitamani, Bihar, At present Arang, Raipur (CG)

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---- Applicant In Jail Versus

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State Of Chhattisgarh Police Station Arang, Raipur, Distt. Raipur (CG).

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---- Respondent

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For Applicant : Mr. Pushkar Sinha, Advocate. For Respondent/State : Mr. Amit Singh Chouhan, Panel Lawyer.

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Hon’ble Smt. Justice Rajani Dubey Order On Board

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04/01/2023

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The applicant has preferred this second bail application under Section 439 of CrPC for grant of regular bail as he is arrested in connection with Crime No.416/2022 registered at Police Station – Arang, Distt. Raipur (CG) for the offence punishable under Section 392 of IPC. The first bail application being MCRC No.7188/2022 was dismissed as withdrawn with liberty to file afresh after examination of the complainant vide order dated 16.9.2022.

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As per the prosecution case, while the complainant was going to give Rs.8,500/- to her father-in-law for purchase of manure, the applicant came on motorcycle and looted the said amount from her.

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Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the crime in question. The complainant has been examined before the trial Court and she has turned hostile vide Annexure A/2. The offence is triable by

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the Magistrate, the applicant is in jail since 16.7.2022; he has no criminal antecedents and conclusion of the trial is likely to take some time. Therefore, the applicant may be released on bail.

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On the other hand, learned counsel for the State opposes the bail application. However, he does not dispute that the applicant has no criminal record.

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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, the fact that the complainant (PW-1) has not supported the prosecution case before the trial Court; the detention period of the applicant; the applicant has no criminal antecedents and that conclusion of the trial is likely to take some time, without commenting anything on merits of the case, I am inclined to release the applicant on bail. Accordingly, the bail application is allowed.

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It is directed that the applicant shall be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one solvent surety of the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed, till final disposal of the trial.

sd/

(Rajani Dubey)

Judge

Khan

Satendar Kumar Mehto v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Satendar Kumar Mehto v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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