Dismissed

Anshul Soni v. State of Chhattisgarh

Chhattisgarh HC27 Jul 2023MCRC/3812/2023

Case brief

AI extract

What is this about?

A Chhattisgarh High Court order dismissing a bail application filed under Section 439 CrPC. The accused, alleging false implication in a cheating case, sought release while the State opposed claiming he was the mastermind. The court refused bail.

What did the court decide?

Bail application dismissed. Applicant to be at liberty to revive prayer for bail if trial is not concluded within next 8 months.

Anshul Soni Vs State of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 3812 of 2023

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Anshul Soni S/o. Bhuneshwar Soni, Aged About 30 Years R/o. Village - GanBisanpur, Police Station - Bilaigarh, District Sarangarh - Bilaigarh, Chhattisgarh

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	---- Petitioner
Versus

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State Of Chhattisgarh Through The S.H.O., Police Station - City Kotwali, Raipur, District Raipur Chhattisgarh

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---- Respondent

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For Applicant Mr. Shalvik Tiwari, Advocate For Respondent /State Mr. Adil Minhaj, Government Advocate

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SB.: Hon'ble Mr. Justice Deepak Kumar Tiwari Order On Board

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27/7/2023

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Heard.

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This is an application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.370/2022 registered at Police Station City Kotwali, Raipur, Ditrict Raipur (CG) for the offence punishable under Section 420 read with 34 of the IPC.

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Prosecution in case, in brief, is that the applicant on the pretext of providing jobs in the Mantralaya obtained money from the complainant and various other persons to the tune of Rs. 8,15,000/-. Based on such allegations, the offence has been registered.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case The other co-accused - Ashok Kumar Soni has been enlarged on bail vide order dated 29.3.2023 passed in

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MCRC No.1334/2023 and co-accused Rajkumar Patel has been enlarged on bail vide order dated 1.2.2023 passed in MCRC No.11209/2022. He would further submit that the applicant has borrowed some money with the complainant and both have also entered into an agreement, however, a cooked up story has been made in this regard. The applicant is in jail since 5.5.2023, Hence, considering all these aspects, learned counsel for the applicant submits that the applicant may be enlarged on bail.

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On the other hand, learned counsel for the applicant strongly opposes bail application. He submits that the present applicant is the mastermind behind the crime in question; he was on run after lodging of the FIR and a fake agreement has been prepared in a fraudulent manner by showing that the money has been returned to the poor youths. Hence, learned counsel for the State submits that the applicant is not entitled to be released on bail

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Having considered the submissions of learned counsel for the parties, particularly considering the nature of accusation, which are serious and the role attributed to the present applicant, this Court is of the opinion that the present is not a fit case to enlarge the applicant on bail.

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Accordingly, the bail application is dismissed.

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However, if the trial is not concluded within next 8 months, the applicant would be at liberty to revive the prayer for bail.

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Sd/-

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(Deepak Kumar Tiwari) Judge

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Shyna

Anshul Soni v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Anshul Soni v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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