Chandan Kumar Pathak v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6549 of 2015 Chandan Kumar Pathak S/o Alakhdev Pathak Aged About 24 Years R/o Village Pahanda, Post Inra, P.S. Chowki Cherki, Distt. Gaya (Bihar) (Age of the Applicant is not mention in the Impugned Order) (P.S. Chowki name not mention in the Impugned Order). ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Incharge, P.S. Supela, Distt. Durg, Chhattisgarh.

---- Respondent For applicant - Shri Arvind Dubey, Advocate. For Respondent/State - Shri Ramakant Mishra, Dy.A.G. Hon'ble Shri Justice Goutam Bhaduri Order 3/12/2015 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.646/2015 registered in Police Station Supela Dist. Durg (C.G.) for offence punishable under section 420, 467, 468 & 471 of the Indian Penal Code.

2.

As per the prosecution case complaint was lodged by Bharti Devi and Sona Mani Chouhan that they came in contact with the applicant who assured them to provide loan and two cheques were obtained so as to provide 40 lakhs home loan to Sona Mani Chouhan and Rs.5 lakhs to Bharti Devi and the cheques were utilized and money was withdrawn of Rs.20,000/- and Rs.15,000/-, however subsequently no loan was sanctioned. Consequently, report was made.

3.

Learned counsel for the applicant submits that applicant has been falsely implicated in this case and there has been some misunderstanding occurred in between the parties, therefore a report was made and he

further submits that matter has been compromised between the parties and charge sheet has been filed, therefore this 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 parties have placed on record compromise application which also finds reference in the order, taking into account gravity and nature of the offence, the way it is committed and also considering the detention of the applicant that he is in jail since 4/09/2015, 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 today.

Sd/- (Goutam Bhaduri) JUDGE gouri