Allowed

Janardan Yadav v. State of Chhattisgarh

Chhattisgarh HC5 May 2023MCRC/1351/2023

Case brief

AI extract

What is this about?

High Court allowed the third bail application of an accused already twice denied bail for cheating and money laundering. Considering trial pending, unidentified co-accused, and unsupportive prosecution witnesses, the Court ordered release on personal bond with one surety.

What did the court decide?

Applicant directed to be released on bail on personal bond of Rs. 25,000/- with one surety to appear before the trial Court.

Janardan Yadav Vs State of Chhattisgarh — Money Laundering | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 1351 of 2023

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Janardan Yadav S/o Ram Jiyawan Yadav Aged About 33 Years R/o H.No. 133, Sonhita, P.S. Sujanganj, District Jaunpur Uttar Pradesh

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---- Applicant

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Versus

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State Of Chhattisgarh Through The Police Station Kotwali, District Bastar (At Jagdalpur) Chhattisgarh

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---- Respondent

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For Applicant : Shri Raza Ali, Advocate For Respondent/State : Shri Vikram Sharma, Dy. G.A.

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Hon'ble Shri Justice Goutam Bhaduri

Order On Board

05/05 /2023

Heard

The first bail application was dismissed on 06.07.2021 bearing MCRC No. 1914 of 2021 and second bail application was dismissed on 08.02.2022 bearing MCRC No. 9601 of 2021.

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This is the third bail application filed under Section 439 of the Code of Criminal Procedure. The applicant has preferred this application for grant of bail as he was arrested in connection with Crime No. 518/2020 registered at Police Station Kotwali Bastar, Jagdalpur, District Jagdalpur, C.G. for the offence punishable under Sections 420, 120B/34 of IPC and Section 66 of I.T. Act 2000.

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As per the prosecution case, the applicant in connivance with others used to withdraw the amount from the ATM and immediately they used

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to put certain error to show that the money has not been taken out. Eventually on that basis the money was again been transferred from the bank to their account and in the process Rs. 1 crore 8 Lakhs were withdrawn at different point of time. The FIR was lodged by the SBI Manager, Jagdalpur and it came to fore.

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Learned counsel for the applicant submits that till date trial has not been concluded and even the accused persons have not been identified. He further submits that the memorandum witnesses have also not supported the case of the prosecution. He further submits that the applicant is in jail since 23.11.2020 and he has been falsely implicated, therefore, the applicant may be enlarged on bail.

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Learned State counsel opposes the prayer for grant of bail

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Having perused the order sheets and nature of allegation and further taking into consideration the period of detention, I am inclined to release the applicant on bail.

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Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

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Sd/(Goutam Bhaduri) Judge

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Jyoti

Janardan Yadav v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Janardan Yadav v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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