Ajeet Kumar Pandey & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4824 of 2020

1. Ajeet Kumar Pandey, S/o Bhuvneshwar Prasad Pandey, Aged About 56 Years,

2. Smt. Mamta Pandey, W/o - Ajeet Kumar Pandey, Aged About 51 Years, Both R/o Qu. No. 135, 1B, Ward No. 27, Balko Nagar, Korba, Tahsil & District- Korba Chhattisgarh.

---- Applicants

Versus

• State Of Chhattisgarh, Through: Police Station Civil Line Raipur, District- Raipur Chhattisgarh.

---- Respondent For Applicants : Mr. Vikash Pandey, Adv.

For Respondent/State : Mr. Rahul Jha, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 02.09.2020

1. The accused/applicants have moved this first bail application under Section 439 of Criminal Procedure Code for releasing them on regular bail during trial in connection with Crime No. 652/2019 registered at Police Station- Civil Line Raipur, DistrictRaipur (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 120B r/w 34 of I.P.C.

2. The prosecution story, in brief is that, complainant namely Yogesh Deshmukha who is employee of Axis Bank lodged a written report alleging that the present applicants took loan amounting to Rs. 17,95,000/- by using forged and fabricated documents. Thereafter, offence has been registered against the present applicants.

3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in

question. He further submits that the applicants are in jail since 02.07.2020, there is no likelihood of their case being decided in near future, therefore, the present applicants may be released on bail.

4. On the other hand, counsel for the State opposes the bail application. It is submitted that the crime committed by the applicants 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, and further considering the facts that the applicants are in jail since 02.07.2020 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 applicants on bail. Accordingly, the application is allowed.

7. Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 50,000/- each, with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court. Sd/- (Rajani Dubey) Judge Ruchi