High Court Of ChhattisgarhMCRC/3513/2020allowed

Toshan Kumar Patel v. State Of Chhattisgarh

2020-09-02Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3513 of 2020 • Toshan Kumar Patel, S/o Santosh Patel, aged about 32 years, R/o Village Pendri, Police Station Nawagarh, District Janjgir Champa (CG) ---- Applicant

Versus

• State Of Chhattisgarh Through District Magistrate, Janjgir, District Janjgir Champa (CG) and also through Police Station Janjgir, District Janjgir Champa (CG) ---- Non-Applicant For Applicant : Mr. P.K. Patel, Advocate.

For Non-Applicant : Ms. Fouzia Mirza, Additional AG. Proceeding Through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 02/09/2020 :

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.232/2019 registered in Police Station Janjgir, District Janjgir Champa for offence under Sections 419, 420, 467, 468/34 of the IPC.

2. Main accused Dilip Singh Gond, nephew of the borrower Sarjuram and Arjun Singh impersonated and concocted the documents with the help of bank officers to obtain KCC agricultural/term loan of Rs.4 lakhs from the Corporation Bank, Janjgir. When Sarjuram and Arjun Singh received demand notice for repayment of the loan amount, they

became aware about the fraud and lodged the FIR.

3. Even though the bail application preferred by Dilip Singh Gond has been dismissed vide MCRC No.4065/2019 and his second bail application is pending vide MCRC No.5226/2020, this Court is inclined to release the present applicant on bail for the reason that he is in jail since 4.5.2019; offence is triable by the JMFC; charge sheet has been filed; trial may take some more time, as also for the reason that his role in the fraudulent loan transaction is different than the role ascribed to Dilip Singh Gond, who is almost in position of the main accused.

4. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- Judge (Prashant Kumar Mishra) Barve