Ramakant Patel v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.4720 of 2021 Ramakant Patel S/o Nehru Lal Patel, Aged About 47 Years R/o Village Gorra, Police Station Kotra Road, Raigarh, Tahsil Raigarh, District - Raigarh Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through - Station House Officer, Police Station Kotwali, Janjgir, District - Janjgir - Champa Chhattisgarh ---- Respondent For Applicant :

Shri T.K. Jha, Advocate For Respondent/State :

Shri Ravish Verma, G.A.

For Objector :

Smt. Aditi Singhvi, Advocate S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 03.09.2021 Heard.

1.

This is repeat application for grant of bail. Earlier bail application of the present applicant was rejected by this Court vide order dated 26.02.2021 taking into consideration the nature of involvement and the role of this applicant in so far as alleged cheating is concerned.

2.

The applicant has been arrested in connection with Crime No.306 of 2020 registered at Police Station- Kotwali, Janjgir, District Janjgir-Champa (CG) for the alleged commission of offence under Section 408, 409, 418, 420, 120-B of IPC. 3.

Learned counsel for the applicant, who has now repeated the bail application would submit that as far as present applicant Ramakant Patel is concerned, he has settled his dispute with the Objector and has deposited amount of Rs.48 lacs under an agreement between the parties. He would submit that at this stage on this ground of compromise and that trial has also not been concluded even after lapse of six months after rejection of first bail application, applicant may be granted bail. 4.

On the other hand, learned counsel for the State opposes the bail application and submits that this Court had rejected the bail application of the present applicant taking into consideration the role of this applicant in his capacity as proprietor of M/s. Patel Krishi Kendra.

-25.

Learned counsel for the Objector would submit that later on as Ramakant Patel has deposited due amount of Rs.48 lacs, dispute has been settled and agreement has been executed.

6.

Taking into consideration the submission of learned counsel for the parties, subsequent development in the present case, particularly deposit of Rs.48 lacs by applicant Ramakant Patel and execution of agreement between him by Objector, at this stage, I am inclined to allow the application. Accordingly, the application 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/- along with two local sureties for the like amount to the satisfaction of the concerned trial Court with following further conditions:

(i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha