Allowed

Valiullah Riyaz v. State of Chhattisgarh

Chhattisgarh HC8 Sept 2024MCRC/5158/2024

Case brief

AI extract

What is this about?

The Chhattisgarh High Court allowed a bail application filed under Section 439 CrPC for an accused framed in a cheating and abetment of suicide case. The court relied on the principle of parity following the release of a similar co-accused on bail and noted the absence of criminal antecedents.

What did the court decide?

Release on bail upon furnishing a personal bond of Rs. 2,00,000 with two sureties in like sum.

Valiullah Riyaz Vs State of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2024)

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2024:CGHC:35120

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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M.Cr.C No.5158 of 2024

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Valiullah Riyaz S/o Reyaz Ahmad Aged About 27 Years R/o Joktiya, Police Station- Majhouliya, Distt.- West Champaran Bihar ... Applicant

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versus

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State Of Chhattisgarh Through Police Station, Sitapur, Distt.- Sarguja, C.G ... Non-Applicant

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For Applicant : Shri Pragalbha Sharma, Advocate. For Non- : Shri Rajeev Bharat, G.A. Applicant/State

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Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2024.09.10 11:54:15 +0530

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09.09.2024

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Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board

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This is the 4^th bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the Applicant, who has been arrested in connection with Crime No.67/2023 registered at P.S Sitapur, District Sarguja (CG) for the offence under Sections 420, 306 and 120-B IPC as also under Section 66D of IT Act. The first bail

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application was rejected on merits vide order dated 01.08.2023 passed in M.Cr.C No.3920/2023. The second bail application was rejected on 30.01.2024 passed in M.Cr.C. No.7484 and 3^rd was dismissed on 12.02.2024 passed in M.Cr.C No.1027/2024.

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Prosecution case in brief is that the present Applicant along with other co-accused persons, in a planned manner, induced deceased – Sevbati Painkra by making a call that she had won a lottery of Rs. 25 lakhs and thereby, in a fraudulent manner, obtained money from her on the pretext of processing charges etc, which she paid after taking loan from various persons. Later on, when she got to know that the accused persons have cheated her, she got mentally disturbed and committed suicide, therefore, the aforesaid offence has been registered against the present Applicant.

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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 for which, he was arrested on 20.04.2023. He further submits that the other co-accused namely Shivendra Kumar was enlarged on bail vide order dated 02.07.2024 passed in M.Cr.C No.4714/2024 and case of the present Applicant is also similar. He further submits that the material witnesses have also not deposed against the present Applicant, the police has seized 2 mobiles, 10 ATM cards, 4 Sim cards and 1 pass book from him, memorandum seizure witnesses have not supported the case of the prosecution and turned hostile and the trial is likely to take

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quite some time, therefore, considering the principle of partiy, he may be released on bail.

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On the other hand, learned counsel for the Non-Applicant/State opposed the bail application and submits that the present Applicant has no previous criminal antecedents even in his native State i.e. Bihar. However, he admits that case of the present Applicant is similar to that of the co-accused Shivendra Kumar, who was released on bail.

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Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, considering that co-accused Shivendra Kumar was enlarged on bail vide order dated 02.07.2024 passed in M.Cr.C No.4714/2024 and case of the present Applicant is also similar, further considering that he has no previous criminal antecedents and the pre-trial detention, without further commenting anything on merits, I am inclined to allow the application.

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Accordingly, the application is allowed and it is directed that on Applicant’s furnishing a personal bond for a sum of Rs.2,00,000/- with two sureties in the like sum to the satisfaction of the concerned Court, he shall be released on bail. However, it is made clear that if the Applicant is found involved in any offence of similar nature in future, this order granting bail to him shall be cancelled without reference to the Bench.

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Sd/-

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(Deepak Kumar Tiwari)

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Judge

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Priya

Valiullah Riyaz v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Valiullah Riyaz v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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