Deshraj Saluja v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 637 of 2015 Deshraj Saluja S/o Late Chandlal Saluja Aged About 72 years R/o Mannu Chowk, Tikrapara Bilaspur, Police Station City Kotwali, Tah. And District Bilaspur Chhattisgarh, Civil And Rev. Distt. Bilaspur Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Police Station Torwa Bilaspur, Tah. And District Bilaspur Chhattisgarh, Civil And Rev. Distt. Bilaspur Chhattisgarh. ---- Respondent For Applicant - Shri Ratnesh Kumar Agrawal, Advocate For Respondent/State - Shri R.K. Gupta, Dy. A.G. for the State.

Order On Board 30/07/2015 Heard.

1.

The applicant is apprehending his arrest in connection with Crime No.75/2015 registered at Police Station Torwa Bilaspur, District Bilaspur for alleged commission of offence under Section 384/34 of IPC and Section 3 & 4 of the Money Lenders Act, 1934. 2.

Case of the prosecution is that the applicant advanced loan of Rs.5,000/- to the complainant and even though, the complainant returned the amount along with interest but the applicant now extracted huge money on the basis of blank signed cheque kept by the applicant, which were presented one after the another. 3.

Learned counsel for the applicant submits that the complainant dishonestly, in order to avoid execution of sale deed in favour of the applicant, on the basis of agreement of sale of his part of land, in respect of which, advance was already repaid by the applicant, has lodged false report.

4.

On the other hand, learned State counsel opposed the prayer for grant of bail. 5.

Taking into consideration the submission of learned counsel for the parties, particularly taking into consideration that the complainant has not produced any documentary evidence of

land transaction, allotment of land or any other transaction in favour of the applicant and further taking into consideration the submission of learned counsel for the applicant that all this being done to avoid execution of sale deed in his favour despite having taken loan of Rs.5,000/-, the application is allowed.

6.

It is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail by the arresting officer on furnishing a personal bond for a sum of Rs.20,000/- with one surety of the like amount to the satisfaction of the arresting officer with following further conditions that: i. the applicant shall make himself available for interrogation by the police officer as and when required;

ii. the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. Certified copy as per rules.

Sd/- Manindra Mohan Shrivastava J U D G E Rekha