Sunny Chachane v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5572 of 2019 • Sunny Chachane S/o Gopal Rao Chachane Aged About 37 Years R/o Stationpara Ward No. 12, Rajnandgaon, Tehsil And District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Chowki Chikali, Police Station Kotwali, District Rajnandgaon Chhattisgarh, District : Rajnandgaon, Chhattisgarh ---- Respondent For Applicant :

Shri Priyank Rathi, Advocate.

For Objector :

Ms. Soniya Kuldeep, Advocate For Respondent :

Shri Akhtar Hussain, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 05/11/2019

1. Heard.

2. The applicant has preferred this first bail application under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with Crime No.421/2019 registered at Police Station Police Chowki Chikali, Station Kotwali, Rajnandgaon, District Rajnandgaon(CG) for the offence punishable under Sections 420, 467, 468, 471 r/w 34 of the IPC.

3. As per the case of prosecution complainant Tara Deshmukh lodged a report that the applicant and one Sagar Kuldeep have fraudulently obtained Rs.5,55,000/- from her for sale of

a land but did not execute the sale deed in her favour and neither returned the money to her.

4. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He submits that it is a civil dispute between the parties and yet charge sheet has not been filed and trial will likely to take some time, therefore, the applicant may be released on bail.

5. On the other hand, counsel for the State as well as counsel for the Objector oppose the bail application.

6. I have heard learned counsel for the parties.

7. Considering the facts and circumstances of the case, particularly considering the nature of allegations against the applicant and yet charge sheet has not been filed, without further commenting on merit of the case, I am inclined to release the applicant on bail.

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

9. It is directed that the applicant shall be released on bail on executing a personal bond in sum of Rs.50,000/- with two sureties in like sum to the satisfaction of the trial Court for his appearance before the said Court as and when directed till the disposal of the trial.

10. Certified copy, as per rules.

Sd/ (Rajani Dubey) Judge

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