Dwarika Das Deshlahre v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 743 of 2019 • Dwarika Das Deshlahre (wrongly mentioned in the order sheet as Vdarika Das Deshlahre) S/o Bhuvandas Deshlahre, Aged About 43 Years, R/o House No.37, Ward No.3, Indira Ward Kedarbadi, Dongargarh, P.S. And Tahsil Dongargarh, District Rajnandgaon Chhattisgarh, Permanent R/o Village Shivnikala, Post Bohar, P. S. Mohara, Tahsil Dongarhgarh, District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through P.S. Dongarhgarh, District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh ---- Non-applicant For Applicant - Shri Rahim Ubwani, Advocate.

For Non-applicant/State - Shri H.S. Ahluwaliya, Deputy Advocate General. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 27-02-2019 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 18-11-2018 in connection with Crime No.180/18 registered at P.S.

- Dongarhgarh, District Rajnandgaon, Chhattisgarh for the offence under Section 420, 467, 468, 471/34 & 120-B of the IPC.

2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in jail since 18-11-2018. This applicant has repaid the substantial part of the loan amount, regarding which he has produced receipts of payment. Hence, under these circumstances, it is prayed that he may be granted bail.

3.

Learned counsel for the State/non-applicant opposes the application, although he has submitted that receipts produced by the applicant have been verified and it has been found that the applicant has repaid back Rs.4,00,000/-

-2of the loan amount and only Rs.1,17,033/- is outstanding. 4.

Heard learned counsel for the parties and perused the case diary. 5.

The allegation against this applicant is this, that he made use of forged documents by presenting application for loan to the bank and by this inducement he has obtained the loan without being entitled for the same. Hence, this case.

6.

After considering on all the material present in the case diary, I feel inclined to allow this application.

7.

Consequently, the application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil