Halim Khan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet Proceedings through Video Conferencing Misc. Criminal Case No.3233 of 2021 • Halim Khan S/o Shri Abdul Raseed Khan Aged About 30 Years Ward No. 9, Akaltara Road Janjgir, District Janjgir Champa Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Kotwali, District Janjgir Champa Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------- For Applicant : Shri Anurag Dayal Shrivastava, Advocate For respondent/State : Shri Vimlesh Bajpai, Govt. Advocate --------------------------------------------------------------------------------------- Hon'ble Shri Justice N.K. Chandravanshi Order On Board 02.6.2021.

1.

This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested on 26.02.2021 in connection with Crime No.113/2021 registered at Police Station Kotwali, Distt. Janjgir Champa (C.G.), for the offence punishable under Sections 420 and 506 of the Indian Penal Code.

2.

Case of the prosecution, in brief, is that, the accused applicant had committed fraud with the complainant by taking Rs.2 lakhs from him on false promise to provide appointment on the post of peon in the Labour Department.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. The applicant

is connected with student wing of political party and due to political rivalry, the complainant has lodged a false case against him. He further submits that the applicant is in jail since 26.02.2021, charge sheet has already been filed, therefore, present applicant may be enlarged on bail.

4.

On the contrary, learned State counsel opposes the application for grant of bail.

5.

Looking to the facts and circumstances of the case, nature and gravity of offence, period of detention and also considering the fact that the trial will take some more time for its conclusion and as per submission of applicant's counsel charge sheet has been filed, without further commenting on merits of the case, I am inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs. 50,000/- with one local surety in the like amount to the satisfaction of the concerned trial Court on the condition that he shall appear before the trial court regularly on each and every date as per direction of the court, unless exempted from appearance. Certified copy as per rules.

Sd/- (N.K. Chandravanshi) VACATION JUDGE Bini