Mo. Sharafat Ansari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7665 of 2021 • Mo. Sharafat Ansari S/o Late Makbul Miya Aged About 22 Years R/o Village Pandari, Thana Sarath, District Devdhar, Jharkhand ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Sarkanda, District Bilaspur, Chhattisgarh ---- Respondent ___________________________________________________________________ For Applicant :

Mr. Vikash Pandey, Advocate.

For State :

Ms. Reena Singh, P.L.

For Objector/Complainant :

Mr. Pramod Shrivastava, Advocate.

Hon'ble Shri Justice Narendra Kumar Vyas Order On Board 26/10/2021 Heard.

1. The applicant has moved this application for grant of bail as he is arrested in connection with Crime No.665/2021 registered at Police Station- Sarkanda, District : Bilaspur, C.G. for the alleged commission of offence under Section 420 of IPC and Section 66 (D) of IT Act.

2. As per the prosecution story, in brief, is that the complainant had received a phone call, wherein, it had been told that since he has not deposited the amount of Rs.14,000/- towards credit card bill, his credit card will be closed, if he does not deposit the same. Thereafter, complainant received an OTP and shared the same to caller and then the amount of Rs. 1,18,000/- has been withdrawn from the bank account maintained by the complainant. On the basis of complaint made by the complainant Shankar Lal Samudre, FIR has been registered.

3. Learned counsel for the applicant would submit that the amount of Rs.1,18,000/- which has been withdrawn from the bank account of the complainant has already been returned to the complainant on 28.09.2021. Learned counsel for the applicant would further submit that charge sheet has been filed and the applicant is in jail since 14.08.2021, therefore, at this stage,

the applicant may be granted bail.

4. On the other hand, learned State Counsel opposes the bail application.

5. Taking into consideration the submissions of learned counsel for the parties, particularly taking into consideration the submission of learned counsel for the applicant that the amount which has been withdrawn from the bank account of the complainant has already been returned to the complainant and this position has not been disputed by learned counsel for the complainant and that charge sheet has been filed and the applicant is in jail since 14.08.2021, therefore, at this stage, I am inclined to grant bail to the applicant.

6. Accordingly, the bail application is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- along with two local sureties of the like amount to the satisfaction of the Trial Court on the condition thata) He shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

b) He shall not in any manner, tamper with the prosecution witnesses. Certified copy as per rules.

Sd/- (Narendra Kumar Vyas) Judge Ravi