High Court Of ChhattisgarhMCRC/5637/2020allowed

Paul v. State Of Chhattisgarh

2020-12-14Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5637 of 2020 Paul Aged About 23 Years R/o Village And Police Station Bhasma, District Sundergarh (Oddhisha), District : Sundargarh, Orissa --- Petitioner

Versus

State of Chhattisgarh through Station House Officer, Police Station City Kotwali, District Bilaspur Chhattisgarh. --- Respondent For the applicant :

Mr. Amit Kumar, Advocate For the State :

Ms. Sunita Jain, Govt. Adv.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .12.2020

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 542 of 2018 registered at Police Station City Kotwali, Bilaspur Distt. Bilaspur (C.G) for the offences punishable u/ss 420, 468, 120-B (wrongly mentioned in the impugned order as 130-B), 34 of IPC.

2. As per the prosecution case, the applicant by playing fraud has drawn Rs.35,000/- from the account of complainant Daya Ram Makde, thereby the offence has been committed.

3. Learned counsel for the applicant submits that thereafter the applicant has paid the amount as there was some misunderstanding and compromise has been effected. He further submits that the amount has been paid and the witnesses have not supported the case of prosecution. He also submits that the applicant is in jail since 18.03.2019 he may be enlarged on bail.

4. On the other hand, learned State Counsel opposes the bail application.

5. Considering the fact that the applicant is in jail since 18.03.2019, the charge sheet has been filed and as the photocopy of the agreement has been placed on record to show that the amount has been paid, I am inclined to release the applicant on bail.

6. Accordingly, this application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o