Allowed

Shyamdas Vaishnav v. State of Chhattisgarh

Chhattisgarh HC23 Feb 2023MCRC/598/2023

Case brief

AI extract

What is this about?

In a second bail application under Section 439 CrPC regarding Cheating and Forgery charges, the High Court of Chhattisgarh allowed the bail request, directing release on personal bond with surety due to detention period and prima facie evidence of return of money by complainant without commenting on merits.

What did the court decide?

Applicant released on bail executed personal bond of Rs. 50,000/- with one solvent surety for similar amount.

Shyamdas Vaishnav 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. 598 of 2023

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Shyamdas Vaishnav S/o Premdas Vaishnav, aged about 53 years, R/o village Marwahi, Tahsil Marwahi, District Gaurela Pendra Marwahi (C.G.)

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---- Applicant

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Versus

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State Of Chhattisgarh Through – S.H.O. Police Station – Marwahi, District Gaurela-Pendra-Marwahi, Chhattisgarh

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---- Respondent

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For Applicant For Respondent

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: Mr. Avinash Chand Sahu, Advocate : Mr. Aditya Bhardwaj, P.L.

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Hon'ble Smt Justice Rajani Dubey

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Order on Board

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23/2/2023

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The applicant has preferred this second bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime No.21/2022, registered at Police Station – Marwahi, District Gaurela-Pendra-Marwahi (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 34 of IPC.

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Allegation against the applicant is that he took money from the complainant on the pretext of providing Government job in Govt. Boys Hostel but he neither provided job nor returned the money. Based on this, offence has been registered and the applicant has been taken into custody on 11.02.2022.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that complainant Brujendra Kumar Kenwat (PW/1) has been examined before the trial Court and in para 4 he admits that the applicant has return Rs.40,000/- to him. Learned counsel also submits that the applicant is in jail

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since 11.02.2022 and therefore, considering the detention period of the

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applicant, he may be extended privilege of regular bail.

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On the other hand, learned counsel for the State opposed the bail application.

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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, evidence of complainant (PW/1) and further considering the detention period of the applicant, without commenting anything on merits of the case, I am inclined to release the applicant on bail.

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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 for 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.

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Certified copy, as per rules.

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Sd/-

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(Rajani Dubey) Judge

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pkd

Shyamdas Vaishnav v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Shyamdas Vaishnav v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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