Vishwajeet Sisodiya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2117 of 2021 • Vishwajeet Sisodiya S/o Late Vimal Sisodiya Aged About 33 Years R/o Ganesh Colony Chhindwada, Police Station Kudipuda, District Chhindwada Madhya Pradesh.

---- Applicant

Versus

• State Of Chhattisgarh Through The Station House OfÏcer, Police Station Sukma, District Sumka Chhattisgarh.

---- Respondent For Applicant.

:

Mr. Suresh Verma, Advocate.

For Respondent/State :

Mr. Vimlesh Bajpai, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 23.06.2021 The applicant has filed Third Bail Application under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with Crime No. 99/2019 registered at Police Station: Sukma, District Sukma (C.G.) for the offence punishable under Sections 420, 409, 467, 468 & 471 of the IPC. The earlier bail application of the applicant was dismissed as withdrawn on 01.07.2020 passed in MCRC No. 2696/2020 and a liberty was given to the applicant to file the same after examination of the complainant.

As per the prosecution case, the applicant has been arrested for the offence punishable under Sections 420, 409, 467, 468 & 471 of the IPC.

Learned counsel for the applicant submits that the applicant is

innocent and has been falsely implicated in the case. Referring to Annexure A/5 he would next contend that complainant Manoj Kumar Dew has been examined before the trial Court and in his statement he stated that inadvertently he had lodged the FIR against the applicant. He has obtained all his money from the bank. He further contended that the applicant is in jail since 27.08.2019 and is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by the Court, therefore, the present applicant may be released on bail.

Per contra, learned State counsel opposes the bail application and submits that the said money has been given to the applicant by the concerned bank not by the present applicant. I have heard learned counsel for the parties and perused the case diary.

Considering the totality of the facts and circumstances of the case, nature of allegation, detention period of the applicant, I am of the opinion that present is a fit case to release the applicant on bail. Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs. 1,00,000/- with one local surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed till the disposal of the trial.

Sd/- (Rajani Dubey) Judge V/-