Allowed

Aditya Nandu Gaikwad v. State of Chhattisgarh

Chhattisgarh HC28 Jan 2024MCRC/263/2024

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed the applicant's fourth bail application under Section 439 CrPC, releasing him on regular bail by analogy with a bail grant to a co-accused, directing a personal bond and sureties.

What did the court decide?

The applicant shall be released on regular bail upon executing a personal bond of Rs. 50,000 with two local sureties of the like amount.

Aditya Nandu Gaikwad Vs State of Chhattisgarh — Cheque Dishonour | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 263 of 2024

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Aditya Nandu Gaikwad, S/o Late Shri nandu hari Gaikwad, age about 20 years, occupation – labour, R/o Gram Atmaramnagar, near Sai mandir Varap, Tehsil – Kalyan, District Thane (Maharashtra).

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	---- Applicant Versus
State Of Chhattisgarh Koriya (Chhattisgarh)	Through Station In-charge, Charcha, District ---- Respondent
For Applicant : For Respondent. :	Mr. Anuroop Panda, Advocate. Ms. Pragya Shrivastava, Dy. Govt. Advocate

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Hon'ble Smt. Justice Rajani Dubey

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Order on Board

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29/01/2024

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The applicant has preferred this fourth 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. 104/2022 registered at Police Station – Charcha, District Koriya (C.G.) for the offence punishable under Sections 420, 467, 468, 471 of IPC & Sections 66, 66(B), 66(C) and 66 (D) of I.T. Act of the Information and Technology Act, 2000.

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Earlier bail applications of the applicant were dismissed.

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As per the prosecution case, during the period from 22.03.2022 to 13.04.2022, the applicant along with other co-accused persons got 21 forged and fabricated cheques encashed through core banking and thereby fraudulently withdrew a total sum of Rs.1,29,00,788/-

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Learned counsel for the applicant submits that in the crime in question Atish Subhash Gaikwad is the main accused from whom pass-book, mobile phone and bike have been seized and no amount whatsoever has been deposited in the applicant’s account. Learned counsel further submits that the present applicant is behind the bar since 16.04.2022, charge sheet has been filed and vide order dated 30.11.2023, co-accused namely Rajnish Kumar in whose account the

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amount was transferred, has been granted bail by Hon’ble Apex Court, therefore, the present applicant may also be extended privilege of regular bail.

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Counsel for the State however opposes the application for regular bail.

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Considering the totality of the facts and circumstances of the case and further considering the order dated 30.11.2023 of Hon’ble Apex Court granting bail to similarly situated co-accused namely Rajnish Kumar in the aforesaid crime number, the detention period of the present applicant and the trial may take some time, without commenting anything on merit of the case, I am inclined to release the applicant on regular bail.

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Accordingly, the instant 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/- - Rs.50,000/- with two local sureties of the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed.

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Certified copy, as per rules.

Sd/-

(Rajani Dubey)

Judge

pkd

Aditya Nandu Gaikwad v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Aditya Nandu Gaikwad v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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