Mohammad Azad v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5462 of 2020 Mohd. Azad S/o Maqsool aged about 34 years, R/o Bhaneda Tada, P.S. Manglore, Tehsil Ludki, District Haridwar ---- Applicant

Versus

State Of Chhattisgarh Through PS Civil Line, District Bilaspur(CG) ---- Respondent ------------------------------------------------------------------------------------- For Applicant : Shri Abdul Wahab Khan, Advocate For State/Respondent :Shri H.S.Ahluwalia, Dy. A.G. -------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 29.09.2020 1.

The matter is heard through video conferencing. 2.

The applicant has preferred this bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime No.110/2020, registered at Police Station Civil Lines, District Bilaspur (CG) for the offence punishable under Section 420/34 of the IPC.

3.

Case of the prosecution is that report was lodged by the complainant alleging that the applicant along with other coaccused persons allured him to purchase a land situated in Uttar Pradesh and thereby cheated him for Rs.43 lacs. 4.

Learned counsel for the applicant submits that the applicant is innocent and he has not committed any offence. He submits that the co-accused persons have been released on bail by this Court in MCRC No.3215/2020 and other connected matters. He submits that the applicant is in jail since 19.2.2020 and trial may take some time for its final disposal, therefore, the applicant may be released on bail.

5.

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

6.

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

7.

Considering the totality of the facts and circumstances of the case and further considering the detention period of the applicant and other co-accused persons have been released on bail, I am inclined to release the applicant on regular bail. Accordingly, the bail application filed under Section 439 Cr.P.C. is allowed.

8.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.1,00,000/- with one surety in like sum to the satisfaction of the concerned trial Court for his appearance before the said court as and when directed till the disposal of the trial. 9.

Certified copy as per rules.

Sd/ (Rajani Dubey) JUDGE sunita