Vipul Vaidya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2687 of 2021 • Vipul Vaidya, S/o Shri Vishnu Vaidya, Aged About 24 Years, R/o Badgaon, Police Station- Badgaon, Tehsil- Pankhajur, District- Kanker, Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh, Through Station House Officer, Police Station- Mana Camp, District- Raipur, Chhattisgarh.

---- Respondent __________________________________________________________________ For Applicant :

Ms. Sareena Khan, Advocate.

For Respondent/State :

Mr. Devendra Pratap Singh, Dy. A.G.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 24/05/2021

1. The Applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 18/2021, registered at Police Station - Mana Camp, District Raipur (C.G.), for the offence punishable under Section 420 of the Indian Penal Code.

2. As per the prosecution story, on 18.01.2021, the present applicant has ordered for 12 pieces bed and plywood of Rs. 56,400/- from complainant Premchand Gupta. On the basis of the said order complainant delivered the said goods to the applicant at Badgaon, Kanker. Allegedly, after receiving the goods, applicant denied for payment of Rs. 56,400/-. Thereafter, complainant made a report and on the basis of the said, offence has been registered. Applicant was arrested on 28.2.2021 and since then, he is in jail.

3. Learned Counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the case. She further submits that prima facie, no offence under Section 420 of the

I.P.C. is made out against the applicant. It is purely a case of civil dispute between the parties. Applicant is in jail since 28.2.2021, charge-sheet has been filed and trial is likely to take some time. Therefore, it is prayed that, he may be released on bail.

4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application. He further submits that there are some more similar cases pending against the applicant. Therefore, bail application should be rejected.

5. I have heard learned Counsel for the parties and perused the case diary.

6. Taking into consideration the submissions put-forth on behalf of the parties, considering the facts and circumstances of the case, evidence collected by the prosecution and after going through the contents of the F.I.R., Applicant is in custody since 28.2.2021, trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the Applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Prakash