Rajesh Tiwari v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3706 of 2020 • Rajesh Tiwari S/o Pradeep Tiwari, Aged About 28 Years R/o Aajad Market Resali, Bhilai, Police Station Nevai, Tahsil And District- Durg, Chhattisgarh.

---- Applicant

Versus

• The State Of Chhattisgarh Through Station House Officer, Police Station- Bhilai Nagar, District- Durg, Chhattisgarh. ---- Respondent For Applicant.

:

Mr. R.K. Pali, Advocate.

For Respondent/State :

Mr. Raghvendra Verma, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 16.07.2020

1. Heard on admission.

2. Admit.

3. The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with Crime No. 143/2020 registered at Police Station : Bhilai Nagar, District Durg (C.G.) for the offence punishable under Section 420 of the IPC.

4. As per the prosecution case, the allegation against the present applicant is that he has obtained Rs. 8,50,000/- from the complainant in the name of providing admission of his child at Sainik School, Dhakkanpur Amarkantak Branch but the applicant did not provide admission to him. Based on that, offence has been registered against the applicant and

the applicant was arrested.

5. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. Counsel for the applicant further submitted that the said amount was taken for the purpose of business and due to his financial condition is very poor therefore he could not return the same on time, due to that, the complainant cooked the concocted story against him. He next submitted that as applicant is in jail since 16.03.2020, therefore, he may be released on bail.

6. On the other hand, State counsel opposes the bail application.

7. I have heard learned counsel for the parties and perused the record.

8. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case and the detention period of the applicant, as the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

9. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge Vijay Sahu