Pawan Jaiswal v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1799 of 2021 • Aamod Poddar S/o Late Krishna Lal Poddar Aged About 43 Years R/o Aamapara Talab Near Radhkrishna Temple Police Station Azad Chowk Raipur District Raipur Chhattisgarh At Present R/o Dharampura Housing Board Colony Qt. No.26/2 Police Station Mana District Raipur Chhattisgarh, ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Telibandha Raipur District Raipur Chhattisgarh, ---- Respondent along with MCRC No. 2060 of 2021 • Pawan Jaiswal S/o Late Shri Shankar Lal Jaiswal, Aged About 40 Years R/o Kushabhau Building, House No. B-3, New Rajendra Nagar, Raipur, P.S. New Rajendra Nagar, Tahsil And District Raipur Chhattisgarh, ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Office P.S. Telibandha, District Raipur Chhattisgarh, ---- Respondent For Applicant - Mr. Pushpendra Kumar Patel & Mr. C.R. Sahu, Advocates For State - Mr. Anmol Sharma, P.L.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 05.07.2021 1.

These are the first bail applications filed under Section 439 of CrPC for grant of regular bail to the applicants, who have been arrested in connection with Crime No. 489/2020 registered in Police Station Telibandha, Raipur (C.G.) for offence punishable under Sections 420, 406/34 of Indian Penal Code. 2.

As per prosecution case, the applicant in connivance with other availed the loan in the name of some other person and got a vehicle financed. Thereafter, one of the vehicle was also sold whereas the actual loanee had never obtained the loan and when the bank followed up for repayment, this fact came to fore.

3.

Learned counsel for the applicants submit that the applicants have falsely been implicated in this case. They are in jail since 18.12.2020, chargesheet has already been filed and no further investigation is necessary, therefore they may be enlarged on bail.

4.

Learned State counsel opposes the submission made by learned counsel for the applicants.

5.

Considering the nature of allegation and the fact that the chargesheet has already been filed and the applicants are in jail since 18.12.2020, I am inclined to release the applicants on bail. Accordingly, the bail application is allowed and it is directed that the applicants shall be released on their furnishing personal bond for a sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of concerned trial court for their regular appearance before it as and when directed. Sd/- (Goutam Bhaduri) Judge Vishakha