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High Court Of ChhattisgarhMCRC/5908/2015allowed

Sushil Kant Hindore v. State Of Chhattisgarh

2015-11-06Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5908 of 2015 • Sushil Kant Hindore, son of Sukhnandan Hindore, Aged about 27 years, R/o Village Belsari, P.S. & Tahsil Takhatpur, Civil & Rev. Distt. Bilaspur Chhattisgarh.

---- Petitioner

Versus

• State of Chhattisgarh Through P.S. Champa, Distt. Janjgir Champa Chattisgarh.

--- Respondent For the applicant :

Mr. Aman Kesarwani, Advocate For the Respondent :

Mr. Ramakant Mishra, Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 06.11.2015

1. This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 213/2015 registered at P.S. Champa, Distt. Janjgir Champa (C.G) for the offence punishable under Sections 420 IPC.

2. As per the prosecution case, the applicant in order to provide jobs to Satyaprakash and Karan Singh Jangde, both are sons of complainant Sukh Dev, has obtained Rs.2.20 lakhs from complainant and thereby committed fraud.

3. Learned counsel for the applicant submits that the applicant has not obtained the amount to provide job but actually the amount was obtained by way of loan and he has been falsely implicated in this case. He further submits that the charge sheet has been filed and offence is triable by the JMFC.

4. Per contra, learned State Counsel opposes the bail application.

5. Having regard to the fact that the charge sheet has been filed, the applicant is in jail since 25.7.2015, the offence is triable by the JMFC and taking into account the document of agreement filed alongwith the charge sheet which shows that the amount was purported to be

received as a loan, without making any observation on the merits of the case, I am inclined to release the applicant on bail.

6. Accordingly, the 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 . He is directed to appear before the said Court on each and every date given by the said Court.

7. C.c. today.

Sd/- GOUTAM BHADURI JUDGE Rao