High Court of Chhattisgarh granted regular bail to two applicants under Section 439 CrPC accused of cheating, considering significant delay in FIR and pre-trial detention period.
Release on bail by furnishing personal bond of Rs. 25,000 each with one surety each to appear before the trial court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 2172 of 2023
---- Applicant
Versus
---- Respondent
MCRC No. 2040 of 2023
---- Applicant
Versus
---- Respondent
For Applicants – Shri Abdul Wahab Khan and Shri Gajendra Sahu, Advocates.
For Respondent/State – Shri B.P. Bajare, Dy. G.A.
Hon'ble Shri Justice Deepak Kumar Tiwari
Order
05/06/2023
Heard.
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District Bilaspur C.G. for the offence punishable under Sections 420, 419, 120-B of IPC.
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transaction between the accused. He further submits that the complainant is holding degree of MDS and is well qualified and as there is no notification of the vacancy being published there is no ground to cheat the complainant. He further submits that accused Stuti Julius and Kanaklata Yadav are the respective house wives and both the accused have no status to provide any job to the complainant, therefore, to recover the money and to settle the score cooked-up story has been developed. He further submits that the accused are in jail since 01.03.2023, therefore, they may be enlarged on bail.
Sd/-
(Deepak Kumar Tiwari)
Vacation Judge
Jyoti
2 issues framed by the court
Whether the applicants are entitled to regular bail under Section 439 CrPC in a cheating case involving delay in FIR.
Whether pre-trial detention duration and the delay in lodging the FIR warrant a release on bail.
1 provisions across 1 enactments
Stuti Julius
Kanaklata Yadav
State Of Chhattisgarh
Deepak Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
