Shekh Ashraf v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5065 of 2019 Shekh Ashraf S/o Shri Shekh Asgar Aged About 19 Years R/o Block No. A, House No. 7, Rotary Nagar, Police Station Amanaka, Raipur, Tahsil And District Raipur Chhattisgarh. Mob. No. 9575625140. ---- Applicant

Versus

State Of Chhattisgarh Through Collector, Raipur District Raipur Chhattisgarh And Also Through Police Station Amanaka Raipur, District Raipur Chhattisgarh.

---- Respondent For the Applicant :

Ms. Richa Dwivedi, Advocate.

For the Respondent/State :

Ms. Akanksha Jain, Dy. G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

03.09.2019 Heard.

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 in connection with Crime No.142 of 2019, registered at Police Station - Amanaka, Raipur, District - Raipur, Chhattisgarh for the offence punishable under Section 420 of the Indian Penal Code. 2.

Learned counsel for the applicant submits that the applicant is in jail since 15.4.2019 and has been falsely implicated in this case. After completion of investigation, the charge-sheet has been filed. Hence, it is prayed that the applicant be enlarged on bail. 3.

On the other hand, learned counsel for the State opposes the bail

application and the submissions made in this respect. 4.

Heard counsel for both the parties and perused the case diary. 5.

The case of the prosecution is that this applicant obtained Rs.4,000/- each from 15 to 20 persons by inducing that he will provide them jobs at AIMS Hospital, Raipur and the complainant and others paid the amount on the inducement given by the applicant and they have been cheated. Hence, this case.

6.

Considering the fact that the applicant does not have any criminal antecedents and the case is pending for trial, therefore, I feel inclined to grant bail to the applicant in this case.

7.

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

8.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi