Sonu Pandey And Others v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6409 of 2020

1. Sonu Pandey And Others S/o Shrinath Pandey Aged About 24 Years R/o Pure Lalki Pandey, Sukhwa, Pandit Pur, Faijabaad, U.P.-224188

2. Kundan Kumar S/o Shri Vinod Kumar Aged About 26 Years R/o B-37, Pocket-A-3, Mayur Vihar, Phase-3, Vasundhara Enclave, East Delhi, Delhi-110096 ---- Applicants

Versus

• State Of Chhattisgarh Through Station In-Charge P.S. Khursipar, District Durg Chhattisgarh.

---- Respondent For Applicants : Shri Ajay Kumrani, Advocate For Respondent/State : Shri Rakesh Sahu, Dy.GA Hon'ble Smt. Justice Rajani Dubey Order On Board 15/12/2020 Heard on admission.

Admit.

The applicants have filed this second bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No. 266/2019 registered at police station Khursipar, district Durg (CG) for the offence punishable under Sections 420,467,468,471,201 and 120(B) IPC. The first bail application filed by the applicants was dismissed as withdrawn with liberty to renew the same at the appropriate stage vide

order dated 14.07.2020 in M.Cr.C. No. 1727/2020 along with connected cases.

As per prosecution case, report was lodged by the complainant alleging that the applicants along with the co-accused persons have cheated her and obtained Rs. 62,05,500/- from different accounts for installing mobile tower.

Counsel for the applicants submits that the applicants have been falsely implicated in the case. He submits that the applicants are in jail since 13.12.2019; the charge sheet has been filed and looking to the conduct of the prosecution, it is clear that the trial will take time for its conclusion, therefore they 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 applicants, I am inclined to release them on regular bail. Accordingly, their application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicants' furnishing a personal bond in the sum of Rs. 1,00,000/- with one local surety each, for the like sum to the satisfaction of the concerned Court, they shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna