High Court Of ChhattisgarhMCRC/7804/2021allowed

Jeetu Mahananda v. The State Of Chhattisgarh

2021-10-25Hon'Ble Shri Justice Deepak Kumar Tiwari2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7804 of 2021

1. Jeetu Mahananda, S/o Shri Darbadi Mahananda, aged about 29 years, Occupation Unemployed, R/o Village Themra, Police Station Sindekala, District Balangir (Odisha) Presently, R/o Kotra Road, Savitri Nagar, Raigarh, Police Station City Kotwali, District Raigarh (CG) ---- Applicant

Versus

The State Of Chhattisgarh Through District Magistrate, Raigarh (CG) through the Officer in Charge of Police Station Kotwali, Raigarh, District Raigarh (CG) ---- Non-Applicant For Applicant : Shri Roop Naik, Advocate.

For Non-Applicant : Smt. Seema Dixit, Panel Lawyer.

Hon'ble Shri Deepak Kumar Tiwari, J Order On Board /10/2021 :

1. The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.1223/2021 registered in Police Station Kotwali, Raigarh District Raigarh for offence under Section 419 & 420 of the IPC.

2. Case of the prosecution, in brief, is that on the basis of written complaint made by one AS Malik, resident of Haryana, the applicant has committed cheating between 7th March, 2019 and 4th April, 2019 with the complainant by giving promise and taken approximately Rs.44,000/- from time to time. The applicant opened matrimonial marriage centre and committed cheating with the complainant by

making a girl's voice by giving proposal for marriage. The applicant was arrested on 22nd September, 2021 and the charge sheet has already been filed before the JMFC, Raigarh.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated and he is an innocent person. The police has not recorded statement of the complainant under Section 161 of the CrPC and has not verified the complainant. The applicant is in jail since 22nd September, 2021, therefore, he may be released on bail.

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

5. Considering that the offences are triable by the JMFC and the length of pre-trial detention, this Court finds the present to be a fit case to release the applicant on bail.

6. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.10,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- (Deepak Kumar Tiwari) Judge Barve