Allowed

Alkesh Soni v. State of Chhattisgarh

Chhattisgarh HC7 Feb 2024MCRC/950/2024

Case brief

AI extract

What is this about?

Second bail application under Section 439 Cr.P.C. by an accused arrested for fabricating credit cards and withdrawing money from complainants' accounts, charged under Sections 420 and 34 IPC. An earlier application was dismissed subject to revival if trial was not completed within six months. The court granted bail on grounds of delayed trial and pretrial detention.

What did the court decide?

Applicant released on bail on personal bond of Rs.25,000 with two sureties, with conditions to attend trial dates, not prejudice the trial, and not commit similar offences.

Alkesh Soni Vs State of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 950 of 2024

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Alkesh Soni S/o Late Vishnu Singh Aged About 32 Years Resident Of Mahamaya Nagar, Police Station Koni, District Bilaspur (C.G.)

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--- Applicant.

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Versus

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State Of Chhattisgarh Through The Station House Officer, Police Station Koni, District Bilaspur (C.G.) --- Respondent.

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(CAUSE TITLE DOWNLOADED FROM CIS PERIPHERY)

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----------------------------------------------------------------------------------------------For Applicant : Mr. Tarun Dansena, Advocate. For Respondent/State : Mr. Atanu Ghosh, Dy. GA. -------------------------------------------------------------------------------------------------------

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Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board

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08.02.2024

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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.179/2023 registered at Police Station Koni, Bilaspur for the offence under Sections 420 & 34 of the IPC.

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Case of the prosecution, in brief, is that the accused persons got prepared fabricated credit card in the name of complainant Hariram Markam from the ICICI Bank and had withdrawn an amount of Rs.5 lakhs from the account. Moreover, the accused also made a credit card in the name of one Taruna Ingole and had withdrawn an amount of Rs.265000/- from the account. Hence, the aforesaid offence has been registered.

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It is pertinent to mention here that earlier bail application filed by the applicant was dismissed by this Court vide order dated 21.07.2023 passed in MCRC No.3569/2023 reserving the liberty that if the trial is not completed within 6 months, the applicant would be at liberty to revive his prayer for bail.

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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 also submits that though earlier bail application was dismissed with a direction to conclude the trial expeditiously within six months, however, trial is not concluded so far. He further submits that similarly situated co-accused Ravi Kumar has already been enlarged on bail vide MCRC No.170/2024. He next submits that the applicant is languishing in jail since 20.04.2023 and offence is triable of learned JMFC, therefore, the applicant may be released on bail, particularly, on account of delay in trial. He also submits that the applicant would abide all terms and conditions imposed on him while granting bail.

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4. Per contra, learned State counsel opposes the prayer for bail.

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5. Having regard to the aforesaid submissions and considering the facts and circumstances of the case, further considering that offence is triable by JMFC, particularly, considering the period of pretrial detention of the applicant, without commenting anything on merits, I am inclined to release the applicant on bail.

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6 . Accordingly, the application is allowed and it is directed that on applicant’s furnishing a personal bond in the sum of Rs.25,000/- with two sureties for the like sum 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

Alkesh Soni v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Alkesh Soni v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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