Pranav Sharma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4081 of 2018 • Pranav Sharma, aged about 39 years, S/o Shri Ramesh Kumar Sharma, R/o C/o Sahu Advocate, Sunder Nagar, Main Road, Bemetara, District Bemetara (C.G.) ---- Applicant

Versus

• State Of Chhattisgarh - Through : Station House OfÏcer, Police Station Civil Line, Raipur, Tahsil and District Raipur (C.G.) ---- Respondent For Applicant.

:

Shri Y.C. Sharma, Advocate.

For Respondent. :

Shri Vivek Sharma, G.A.

Hon'ble Shri Justice Pritinker Diwaker Order on Board /07/2018 1.

The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody since 21.05.2018 in connection with Crime No.350/2018 registered at Police Station : Civil Line, Raipur (C.G.) for the offence punishable under Sections 420, 467, 468 and 471 of IPC.

2.

As per the prosecution case, complainant Mukesh Agrawal has lodged a written report dated 20.03.2017 alleging in it that first the applicant has taken Rs.9 Lac from him and thereafter Rs. 6 Lac but not returning the same. It has been further alleged that two cheques given by the applicant bounced and as such the applicant has committed criminal offence.

3.

Counsel for the applicant submits that the dispute between the applicant and complainant is purely of civil nature but unfortunately criminal colour has been given to it. It has been further argued that the applicant is in jail for more than one month, the offences are triable by the Magistrate, the trial may take some time for disposal and, therefore, the applicant may be released on bail.

4.

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

5.

I have heard learned counsel for the parties and perused the record.

6.

Considering the totality of the facts and circumstances of the case, in particular the nature of allegation against the applicant, this Court is of the opinion that it is a fit case to release the applicant on bail.

7.

Accordingly, the application is allowed and the accused/applicant is directed to be released on bail on his furnishing a personal bond of Rs.2,00,000/- with one surety for the like sum to the satisfaction of the concerned Court for his appearance before it as and when directed. Sd/- (Pritinker Diwaker) Judge Vijay