Arun Mandal And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1339 of 2021

1. Arun Mandal S/o Ramdev Mandal Aged About 35 Years R/o PostMotiya, Police Station- Motiyahata, District- Godda (Jharkhand),

2. Amod Mandal S/o Bachan Mandal Aged About 23 Years R/o PostMotiya, Police Station- Motiyahata, District- Godda, Jharkhand., --- Applicants

Versus

State of Chhattisgarh Through Police Station- City Kotwali, DistrictBilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh -- Respondent For the applicants : Mr. Amit Kumar, Advocate.

For the State : Mr. Gagan Tiwari, Dy. Govt. Advocate For the objector : Ms. Pushpalata Khalkho, Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board .03.2021

1. This is the second bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicants in connection with Crime No. 170/2020 registered at Police Station City Kotwali, Bilaspur, Distt. Bilaspur (C.G) for the offence punishable under Section 420/34 of IPC.

2. As per the prosecution case, the applicant on the basis of a mobile phone has discarded the complainant by way of Internet banking by projecting himself to be an officer of Treasury and Pension Department.

3. Learned counsel for the applicants submits that the earlier bail application was dismissed on 15.12.2020. He submits that the amount of Rs.9,02,995/- was withdrawn from the account of complainant and presently a compromise has been effected and the complainant has been paid the entire amount. He submits that no

further amount is due, therefore, the applicants may be enlarged on bail.

4. Learned counsel appearing for the complainant submits that the applicants have entered into a compromise with the complainant and the complainant has received the entire amount. She furrther submits that the complainant has filed an application supported by an affidavit to grant the benefit of bail to the applicants.

5. Considering the affidavit of the complainant wherein it is stated that the compromise has been effected and the entire amount has been received by the complainant , at this stage, I am inclined to allow this bail application.

6. Accordingly, the bail application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond in sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court for appearance before the said Court as and when directed.

C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao