Rajesh Sukhau Jaiswal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8306 of 2021 • Rajesh Sukhau Jaiswal S/o Sukhauram Jaiswal, aged about 59 Years, R/o L.M. Nayek Road, Golfadevi Road, P. S - Koliwada, Worli Mumbia (M.H.).

Present Address - H.No. 13, Jeevan Vihar Colony, Chakarbhata District- Bilaspur, Chhattisgarh. ---- Petitioner

Versus

• State Of Chhattisgarh Through S.H.O. P.S. - City Kotwali District -Bilaspur, Chhattisgarh.

---- Respondent For Applicant :

Mr. Chitendra Singh, Advocate For Respondent/State :

Mr. Anurag Verma, P.L.

For Complainant :

Mr. Wasim Miyan, Advocate.

Hon'ble Smt Justice Rajani Dubey Order on Board 01/11/2021 1.

The applicant has preferred this Second bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime No.194/2020, registered at Police Station - City Kotwali, District Bilaspur (C.G.) for the offence punishable under Section 420 and 34 IPC.

2.

The allegation against the present applicant is that he along with co-accused persons have committed fraud with complainant to the tune of Rs.65,00,000/- alluring him that he has won prize money of Rs.25,00,000/- by pretending himself to be owner of Jio company Mukesh

Ambani. Based on this, offence has been registered. The present applicant has been taken into custody on 18.10.2020.

3.

Learned counsel for the applicant submits that the complainant has entered into compromise and has also executed a compromise deed in this regard (Annexure A/4) and, therefore, nothing remains for adjudication in this case. It is next submitted that the applicant is in jail since 18.10.2020, charge sheet has been filed and there is no likelihood of his case being decided in near future. Therefore, they may be released on bail.

4.

On the other hand, learned counsel for the State opposed the bail application.

5.

Mr. Wasim Miyan, learned counsel for the complainant fairly submits that the parties have entered into compromise and they have also executed a compromise deed in this regard.

6.

I have heard learned counsel for the parties and perused the record.

7.

Considering the totality of the facts and circumstances of the case, and further considering the fact that the parties have entered into compromise vide Annexure A/4, without further commenting on merits of the case, I am inclined to release the applicant on bail. 8.

Accordingly, the bail application is allowed.

9.

It is directed that the applicant shall be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one local surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed.

Certified copy, as per rules.

Sd/- (Rajani Dubey) Judge PKD