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High Court Of ChhattisgarhMCRC/2501/2016allowed

Prabhat Singh v. State Of Chhattisgarh

2016-06-01Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.2501 of 2016 Prabhat Singh S/o Shri Shravan Singh, aged about 31 years, R/o Sahid Chowk, Barsur, Police Station Barsur, District Dantewada (CG) ---Applicant

Versus

State of Chhattisgarh Through: Station House Officer, Police of Police Station - Geedam, District-Dantewada (CG) ---Non-applicant For Applicant :

Mr. Kishore Narayan, Advocate For Non-applicant :

Mr. Neeraj Sharma, Dy.G.A.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board 1/6/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested on 22.3.2016 in connection with Crime No.77/2015, registered at Police Station-Geedam, District-Dantewada (CG), for the offence punishable under Sections 420 & 120B of the IPC and Section 3 (2) (V) (a) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989.

2.

Case of the prosecution, in brief, is that the applicant unauthorizedly collected a sum or 10,400/- from different persons in the ₹ name of providing them Aadhar Card.

3.

Learned counsel for the applicant submitted that allegations are false and Aadhar Card agency was provided to applicant's brother, the applicant has not collected extra money from any one. There is no allegation that the applicant has issued forged Aadhar Card by playing fraud.

4.

On the other hand, learned counsel for the State opposed the prayer for grant of bail.

5.

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

6.

Taking into consideration the nature of allegation, the amount involved in offence in question, the fact that there is no allegation that Aadhar Card is forged or fabricated, investigation is complete, charge-sheet has been filed, the applicant is not likely to temper with the prosecution witnesses and no further interrogation of the applicant is required, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail. 7.

Accordingly, bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.20,000/- with one local surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Sd/- (Manindra Mohan Shrivastava) VACATION JUDGE B/-