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High Court Of ChhattisgarhMCRC/7068/2017allowed

Lokesh Chhabadiya And ANR. v. State Of Chhattisgarh

2017-12-14Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7068 of 2017

1. Lokesh Chhabadiya S/o Girish Chhabadiya Aged About 24 Years Resident Of Panchmadhi Road Sindhi Colony Behind Gurudwara Pipariya Police Station Pipariya , District Hosangabad ( M. P. )

2. Rahul Parwani S/o Shyam Lal Parwani Aged About 24 Years Resident Of Panchmadhi Road Sindhi Colony Behind Gurudwara Pipariya Police Station Pipariya , District Hosangabad ( M. P. ) ---- Applicants

Versus

State Of Chhattisgarh Through Station House Officer Police Station Pandri, Civil And Revenue District Raipur Chhattisgah.

---- Respondent For Applicant :

Shri Dashrath Kushwaha, Advocate For State :

Shri Chandresh Shrivastava, Panel Lawyer S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 14/12/2017 Heard.

1. The applicants have been arrested in connection with Crime No.233 of 2017 registered at Police Station- Pandri, District -Raipur (C.G.) for alleged commission of offence under Sections 420 , 406 read with Section 34 IPC.

2. Case of the prosecution, in brief, is that the applicants cheating the complainant collected Rs.1 lakh on the statement that the amount collected would be used for charitable purpose. It is also alleged that the applicants falsely represented themselves as Sourabh and Manoj.

3. Learned counsel for the applicants would submit that the applicants have been falsely implicated and it is a simple money dispute. He would submit that investigation is complete and charge sheet has been filed, therefore, at this

-2stage, the applicants may be released on bail.

4. On the other hand, learned counsel for the State, opposing the bail application, submits that the applicants have cheated and collected Rs.1 lakh, therefore, they are not entitled to grant of bail.

5. Taking into consideration the submissions made by learned counsel for the parties, taking into consideration the nature of allegation, amount involved and further that the investigation is complete and charge sheet has been filed, the application is allowed.

6. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- along with one local surety for the like amount to the satisfaction of the concerned trial Court with following further conditions:

(i) The applicants shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Praveen