Arman Khan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3027 of 2018 Arman Khan S/o Abdul Hasan Aged About 32 Years Occupation Business, R/o Village Basen, P. S. Bajrangganj, District Gaya (Bihar) ----Applicant

Versus

State Of Chhattisgarh Through The District Magistrate Ambikapur, District Surguja Chhattisgarh ----Non-applicant For Applicant :

Mr. Raghvendra Verma, Advocate For State :

Mr. Anil Pillai, Dy. A.G.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board 30/05/2018

1. This is an application filed under Section 439 Cr.P.C. for grant of bail to the applicant, who has been arrested in connection with Crime No. 746/2017 registered at Police Station Ambikapur, District Surguja, Chhattisgarh for the offence punishable under Sections 420, 120-B, 379, 34 of Indian Penal Code.

2. The present applicant is in jail since 20.12.2017 in connection with the aforesaid Crime number.

3. As per the prosecution case, the applicant cheated the complainant by exchanging ATM card and withdrew a total amount of Rs.51,000/-.

4. The counsel for the applicant submits that the present applicant has been arrested only on suspicion and there is no clinching material against him and thus prayed for releasing the applicant on bail.

5. On the other hand, the State counsel opposing the bail application submits that even though, any test identification parade has not been

conducted as such, the manner in which the applicant has been arrested, prima facie case is made out. He further submits that the seizure of ATM card is also made from the present applicant and thus prayed for rejection of the bail application.

6. Taking into consideration the submissions of the learned counsel for the parties, particularly taking into consideration the total amount involved in the alleged commission of offence, investigation is complete, charge-sheet has been filed and the applicant is in jail since 20.12.2017, this Court is of the opinion that a fit case has been made out for grant of bail to the applicant. Accordingly, the present application for grant of bail is allowed.

7. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with two local sureties in the like sum to the satisfaction of the concerned Court for his appearance before the said Court as and when directed. Sd/- (Manindra Mohan Shrivastava) VACATION JUDGE Ved