Ishwar @ Abhay Dongre v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5741 of 2020 • Ishwar @ Abhay Dongre, aged about 29 Years, S/o Shri Lopchand Dongre, R/o Shanti Nagar, Thana Out Post Chikhali, Tahsil and District Rajnandgaon, Chhattisgarh. ----Applicant

Versus

• The State of Chhattisgarh, Through Police Station Lalbagh, District Rajnandgaon, Chhattisgarh.

---- Respondent For Applicant Mr. Parag Kotecha, Advocate.

For State Ms. Veena Nair, Deputy A.G.

Hon'ble Shri Justice Gautam Chourdiya Order on Board 24/11/2020

1. The applicant has preferred this application under Section 439 of Cr.P.C. as he is in jail since 21.02.2020 in connection with Crime No.82/2020 registered at Police Station- Lalbagh, District Rajnandgaon, C.G. for the offence punishable under Sections 406, 409, 420, 467, 468, 471 read with Section 34 of Indian Penal Code and Under Section 66 (?k) of I.T. Act.

2. Allegation against the accused/applicant is that he prepared the forged documents and withdrew money of many persons by establishing Costumer Service Center. On report being lodged to the above effect, offence under the aforesaid sections have been registered against the applicant.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that no cheating or fraud as alleged has been committed by the applicant. He submits that the applicant is in jail since 21.02.2020, conclusion of the trial is likely to take some time and, therefore, the applicant be released on bail by imposing suitable conditions.

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

5. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the detention period of the applicant and the fact that conclusion of trial may take some time, without expressing any opinion on merits of the case, this Court is of the opinion that present is a fit case for grant of bail to the applicant. Accordingly, the application is allowed. It is directed that in the event of applicant executing a personal bond for a sum of Rs.1,00,000/- with two equivalent sureties for the like amount to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:- (i) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, (ii) He shall not act in any manner which will be prejudicial to fair and expeditious trial, and

(iii) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

(iv) He shall not involve himself in any offence of similar nature in future.

Sd/- Gautam Chourdiya Judge Akhilesh