Ashish Chidipal v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6018 of 2015 Ashish Chidipal S/o Mahesh Chidipal Aged About 40 Years R/o Sadar Bazar, Raigarh, Police Station - City Kotwali, Civil & Revenue Distt. Raigarh Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through, Station House Officer, Chakradhar Nagar, Raigarh Chhattisgarh ---- Respondent For applicant - Shri Awadh Tirpathi, Advocate. For Respondent/State - Shri Anil S. Pandey, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 17/11/2015 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 119/2015 registered in Police Station Chakradhar Nagar, Raigarh (C.G.) for offence punishable under section 420 of IPC.

2.

As per the prosecution case the applicant had sold his property 1500 sq.ft. of land without disclosing the fact that property was mortgaged with the bank and subsequently when complainant raised superstructure on such land, it came to his notice that property was mortgaged with the bank and thereby report was made and subsequently offence is said to have been committed.

3.

Learned counsel for the applicant submits that charge sheet in this

case has been filed and applicant is in jail since 11/06/2015 and even property has been transferred it will be subject to the charge and there is no criminality has been committed. Therefore, he submits that applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Having regard to the fact that charge sheet has been filed and the transaction are in documentary nature, offence is triable by JMFC, applicant is in jail since 11/06/2015, taking into account level of allegation and gravity of charge, this court is inclined to release the applicant on bail. 6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri