Devesh Trivedi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4522 of 2019 • Devesh Trivedi S/o Late Shri Tarunendra Shekhar Trivedi, Aged About 52 Years Occupation Business, Shop No. A-2 10-F, Multimedia, Ground Floor, Ravi Bhawan, Police Station Gole Bazar, Raipur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through District Magistrate Raipur, District Raipur, Chhattisgarh.

---- Respondent __________________________________________________________________ For Applicant : Shri Ranbir Singh Marhas, Advocate.

For Respondent/State : Smt. Smita Ghai, P.L.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 27/09/2019

1. The Applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 160/2019, registered at Police Station - Gole Bazar, Raipur, District - Raipur, Chhattisgarh, for the offence punishable under Sections 420, 467 & 468 of the Indian Penal Code.

2. As per the prosecution story, on 21.06.2019, Constable Pramod Behra posted at Cyber Cell, Raipur received a secret information that present Applicant is preparing forged Aadhar Card etc. in his shop. On receiving the said information, after informing the Higher Officials, Pramod Behra reached the shop of the Applicant and approach him and finalized a deal for Rs. 300/- to get the address on his Aadhar Card changed. Allegedly, Applicant scanned the Aadhar Card and changed the address as desired by Pramod Behra. Thereafter, F.I.R. has been lodged against Applicant by Pramod Behra and on the basis of the said, offence has been registered. Applicant has been taken into

custody on 22.06.2019.

3. Learned Counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the case. He further submits that prima facie, no offence under Section 420, 467 & 468 is made out against the present Applicant. He further states that Applicant has no previous antecedents, he is in custody since 22.06.2019, charge-sheet has been filed and trial is likely to take some time. Therefore, he may be released on bail.

4. Per contra, learned Counsel appearing on behalf of the State opposes the bail application.

5. I have heard learned Counsel for the parties and perused the case diary with due care.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that Applicant is in custody since 22.06.2019 and trial is likely to take some time, without further commenting on other merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the Applicant shall be released on bail on executing a personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the concerned Trial Court for his appearance before the said Court as and when directed. Sd/- (Arvind Singh Chandel) Judge Prakash