Allowed

Chandra Prakash v. State of Chhattisgarh

Chhattisgarh HC19 Apr 2023MCRC/1127/2023

Case brief

AI extract

What is this about?

High Court of Chhattisgarh granted regular bail to the applicant charged with online fraud via Section 439 Cr.P.C. The court considered the gravity of the offence, charge-sheet filing, detention period, and lack of criminal antecedent, directing the furnishing of a bond and two local sureties.

What did the court decide?

Respondent to grant regular bail subject to furnishing one personal bond for Rs. 25,000/- and two local sureties in the like sum.

Chandra Prakash Vs State of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2023)

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MCRC No. 1127 of 2023

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 1127 of 2023

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Chandra Prakash S/o Kailash Singh Aged About 60 Years R/o Virjapur , P. S. - Highway, Dist. - Mathura, (U. P.) Current AddressMoti Sagar Para Korba, District - Korba, Chhattisgarh, ---- Applicant

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Versus

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State Of Chhattisgarh Through Officer In Charge, Police Helpline Center Rampur, Police Station Kotwali, District - Korba (C. G.)

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---- Respondent

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For Applicant :- Mr. Aditya Tiwari, Advocate For Respondent-State :- Mr. Adil Minhaj, G.A.

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Hon'ble Shri Justice N.K. Chandravanshi Order On Board

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19.4.2023

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This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested on 22.12.2022 in connection with Crime No.79/2021 registered at Police Station Kotwali, District - Korba (C.G.) for the offence punishable under Section 420, 34 of the IPC.

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Allegation against the applicant is that he along with other co-accused persons, who are sons of present applicant has committed online fraud with complainant and withdrawn Rs.6,05,000/- from his account and thereby committed act of cheating. Based on above facts, present crime has been registered against the applicant.

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Learned counsel for the applicant would submit that applicant is innocent and he has been falsely roped in the present case because he is father of other accused persons. It is further submitted that although Rs.2,50,000/- were transferred in the account of present applicant from the account of one of his son, but, it was not in the knowledge of present applicant. It is again submitted that applicant is in jail since 22.12.2022; charge-sheet has already been filed and this

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MCRC No. 1127 of 2023

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is first case registered against the applicant, hence, he may be enlarged on bail.

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Per contra, learned State counsel vehemently opposed the submissions made by learned counsel for the applicant. He would submit that amount of fraud was also deposited in the account of present applicant which shows his active involvement in fraud and further he submitted that applicant is a resident of State of UP, hence there is chance of absconding in the event of grant of bail to him, therefore, applicant may not be released on bail.

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I have heard learned counsel for the parties and perused the case diary as well as the material available on record.

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Considering the entirety of the case; particularly considering the nature & gravity of offence; detention period of applicant and also considering the fact that charge-sheet has already been filed and applicant has no previous criminal antecedent, I am inclined to grant bail to the applicant.

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Accordingly, the present bail application is allowed. It is directed that applicant shall be released on bail on his furnishing one personal bond for a sum of Rs. 25,000/- along with two local sureties in the like sum to the satisfaction of the concerned trial Court on conditions that-

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Applicant shall appear before the trial Court regularly on each and every date, unless exempted from appearance.

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Applicant shall not, in any manner, tamper with the prosecution witnesses.

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If applicant is found involved in similar offence in the future, it will be open for the State to apply for cancellation of bail.

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Certified copy as per rules.

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SD/-

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( N.K. Chandravanshi ) Judge

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Ayushi

Chandra Prakash v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Chandra Prakash v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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