Suresh Kumar Kanwar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2197 of 2021 Suresh Kumar Kanwar S/o Shri Gokul Singh Aged About 30 Years Caste Kanwar Aadiwasi, Residence Of Village Patpara, Police Chowki Chaitma, P.S. Pali, District Korba Chhattisgarh. --- Applicant

Versus

State of Chhattisgarh though Station House Officer, Police Station Pali, District Korba Chhattisgarh. --- Respondent For the applicant :

Mr. Viprasen Agrawal, Advocate.

For the Respondent :

Mr. Rahul Jha, Govt. Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .07.2021

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 118/2019 registered at Police Station Pali, District Korba (C.G) (C.G) for the offences punishable under Sections 419, 420, 467, 468 & 471 of the IPC and section 66 (Ga) & 66 (Gha) of the I.T. Act.

2. As per the prosecution case, the applicant was running a choice center and the complainants had opened their account in State Bank of India on the basis of their Aadhar Cards and thumb impressions. In such accounts certain amounts came from the Pradhan Mantri Awas Yojna and third instalment of Rs.30,000/- was deposited on 12.12.2018 which was withdrawn by the applicant in 3 installments total amounting to Rs.32,300/-, for which, the complainant has never gone to the Bank. In such manner, the applicant has committed forgery with the help of other villagers and took out the money.

3. Learned counsel for the applicant submits that the complainant Vinod

Rohit Das has been examined. Likewise the other prime witness have also been examined and all they have been put to cross examination wherein nothing has been come out against the applicant. He submits that the applicant is in jail since 04.07.2019, the trial will take some time and there is no chance of tampering evidence in this case as almost the main witnesses have been examined, therefore, at this stage, the applicant may be enlarged on bail

4. Per contra, learned State Counsel opposes the bail application and submits that the applicant in the manner has cheated various villagers and all they have stated in the examination-in-chief and the trial would conclude soon.

5. Considering the fact that the prime witnesses have been examined and there is no possibility of tampering evidence as also the fact that the applicant is in jail since 04.07.2019 and the statements of witnesses are to be examined and adjudicated by the Court, I am inclined to allow this bail application.

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

C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao