Sayyad Mansoor Ali v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.3816 of 2018 • Sayyad Mansoor Ali S/o S/o Late Mahboob Ali, Aged About 35 Years R/o Geetangali City, (Geetanjgali City Wrongly Not Been Mention In The Impugned Order) Sarkanda P. S. Police Station Sarkanda, District- Bilaspur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Sipat, DistrictBilaspur, Chhattisgarh. ---- Respondent For Applicant : Shri Dheerendra Pandey, Advocate For respondent/State : Shri Sanjeev Pandey, Govt. Advocate Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 25.6.2018 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, for grant of bail to the applicant who has been arrested on 13.4.2018 in connection with Crime No.102/2018, registered at Police Station Sipat, District- Bilaspur (CG) for the offence punishable under Sections 420, 34 of the Indian Penal Code.

2.

Case of the prosecution is that Rs.70,000/- was obtained by the applicant from complainant Nasrat Khan on the promise of getting order of bail.

3.

Learned counsel for the applicant submits that before the trial Court the complainant filed an affidavit that Rs.70,000/- was returned to him by the applicant. He further submits that case against the applicant is registered under Section 420 IPC which is

a compoundable offence, therefore, the applicant may be released on bail 4.

On the other hand, learned counsel for the State opposes the bail application.

5.

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

6.

Taking into consideration the submission of learned counsel for the parties, nature of allegation and looking to the affidavit of the complainant, it is a fit case to enlarge the applicant on bail. 7.

Accordingly, application filed under Section 439 of the CrPC is allowed. 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 one local surety in the like amount to the satisfaction of the concerned trial Court. He shall appear before the trial Court regularly on each and every date, unless exempted from appearance.

Sd/- (Ram Prasanna Sharma) JUDGE Bini