Rohit Nagwani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4419 of 2020 • Rohit Nagwani, S/o Shri Rajesh Nagwani, Aged about 30 years, R/o Ward No. 6, Rajnandgaon, PS City Kotwali, Rajnandgaon, District Rajnandgaon (C.G.) ---- Applicant

Versus

• State of Chhattisgarh, Through - Station House Officer, PSSupela, District Durg (C.G.) ---- Respondent For Applicant :

Ms. Savita Panjabi, Advocate.

For Respondent/State :

Mr. H.S. Ahluwalia, Dy. A.G..

Hon'ble Smt. Justice Rajani Dubey Order on Board 28/08/2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 213/2020 registered at Police Station- Supela, District Durg (C.G.) for the offence punishable under Section 420 of the IPC, 1860.

2. The prosecution story in brief is that, the present applicant was arrested as taking loan of Rs. 1,29,000/- by mortgaging gold jewellery, which afterwards on checking found to be fake. On the basis of above facts, an offnce has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that there is no material on the hand of the prosecution to connect the present applicant. He next submits that the applicant is in jail since 27.02.2020, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail

application and submits that the allegation against the applicant is of serious in nature; therefore, no case is made out for grant of bail.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering that the applicant is in jail since 27.02.2020, and 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.

7. 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 trial Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Vasant