Allowed

Dinesh Manikpuri v. State of Chhattisgarh

Chhattisgarh HC25 Jun 2024MCRC/4521/2024

Case brief

AI extract

What is this about?

This High Court allowed a second bail application under Section 439 Cr.P.C. filed by an accused charged under Section 420 IPC for cheating. The court granted bail after noting no criminal past and long pre-trial detention, directing a personal bond with two sureties.

What did the court decide?

Accused released on bail on furnishing a personal bond of Rs. 2,00,000 with two sureties of Rs. 1 Lac each.

Dinesh Manikpuri Vs State of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4521 of 2024

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Dinesh Manikpuri S/o Shri Vishram Das Manikpuri Aged About 49 Years R/o Samnapur, P.S. Kawardha, District - Kabirdham Chhattisgarh --- Applicant.

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Versus

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State Of Chhattisgarh through P.S. Station House Officer, Amanaka, District - Raipur Chhattisgarh --- Respondent.

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(CAUSE TITLE DOWNLOADED FROM CIS PERIPHERY)

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----------------------------------------------------------------------------------------------For Applicant : Mr. Bharat Lal Dembra, Advocate. For Respondent/State : Mr. Rajeev Bharat, Govt. Advocate.

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Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board

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26.06.2024

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This second application under Section 439 Cr.P.C. for grant of bail has been filed by the accused/applicant who has been arrested in connection with Crime No.427/2022 registered at Police Station Amanaka, Raipur for the offence under Section 420 of the IPC.

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Prosecution case is that on the pretext of providing job, the applicant has obtained a sum of Rs.6,90,000/- from the complainant Nageshwari Sahu. In the similar manner, the applicant has also cheated Dileshwar Sahu and Gulshan Sahu by obtaining a sum of Rs.6 lakhs and Rs.4,50,000/- from them respectively.

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It is pertinent to mention here that earlier bail application filed by the applicant was rejected by this Court vide order dated 2957/2023 in MCRC No.2957/2023 reserving the liberty to revive prayer for bail, if the trial is not concluded within next 8 months.

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Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the crime in question. He further submits that earlier bail application was rejected reserving the liberty to revive prayer for bail if the trial is not concluded within 8

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months. He also submits that trial is likely to take some more time for disposal of the case and applicant is languishing in jail since 15.11.2022. He also submits that the offence is triable of learned JMFC and applicant has no criminal past. Therefore, the applicant may be released on bail. He also submits that the applicant would abide all terms and conditions imposed on him while granting bail.

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Per contra, learned State counsel opposes the prayer for bail. On query being made, he submits that applicant has no criminal past, as per case diary.

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Having regard to the aforesaid submissions and considering the nature of offence, further considering that offence is triable of learned JMFC and also keeping in mind the period of pretrial detention of the applicant and that he has no criminal past, I am inclined to release the applicant on bail.

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Accordingly, the application is allowed and it is directed that on applicant’s furnishing a personal bond in the sum of Rs.2,00,000/(Two Lacs) with two sureties of Rs.1 Lac each to the satisfaction of the concerned Court, he shall be released on bail on the following conditions:-

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(a) he shall not act in any manner which will be prejudicial to fair and expeditious trial,

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(b) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of case

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Sd/-

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(Deepak Kumar Tiwari) Judge

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Ajay

Dinesh Manikpuri v. State of Chhattisgarh

Case brief

What is this about?

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Dinesh Manikpuri v. State of Chhattisgarh

Case brief

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