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High Court Of ChhattisgarhMCRC/5319/2020allowed

Mateen Ahmed Qureshi v. State Of Chhattisgarh

2020-08-28Hon'Ble Smt. Justice Rajani Dubey2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5319 of 2020 • Mateen Ahmed Qureshi, S/o. Mobin Ahmed Qureshi, Aged about 36 years, R/o. Behind Axis Bank, Tikrapara, MG Ward, Kanker, District Kanker CG ---- Applicant

Versus

• State Of Chhattisgarh, Through Station House Officer, Police Station Purani Basti, district Raipur CG ---- Respondent For Applicant : Shri Mukesh Shrivastava, Advocate For Respondent /State : Shri Rahul Jha, GA Hon'ble Smt. Justice Rajani Dubey Order On Board 28/08/2020 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 in connection with Crime No. 186/2020 registered at police station Purani Basti, district Raipur (CG) for the offence punishable under Section 420 IPC.

As per prosecution case, report was lodged by the complainant alleging that the applicant took Rs. 5 lacs from him for providing job. It is alleged that when the applicant was not able to provide job, complainant asked him to return the money which he did not return. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that there is a delay of four years in lodging the FIR. He submits that the applicant is in jail since 18.07.2020; suffering from COVID-19 infection and looking to the

conduct of the prosecution it is clear that the trial will take time for its conclusion, therefore he may be released on bail. On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant and that he is suffering from COVID-19 infection, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed.

It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 50,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna