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High Court Of ChhattisgarhMCRC/5578/2019allowed

Anurag Lall v. State Of Chhattisgarh

2019-10-22Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5578 of 2019 • Anurag Lall S/o Shri Rawal Munna Lall Aged About 56 Years R/o A-24, Jiwan Vihar, Telibandha, Raipur District Raipur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Of Police Station Civil Lines, Bilapsur District Bilspur Chhattisgarh, ---- Respondent For Applicant : Shri T.K.Jha and Shri Gautam Khetrapal, Advocates For Respondent/State : Shri Wasim Miyan, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 22/10/2019 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.258/2018 registered at police station Civil Lines District Bilaspur (CG) for the offence punishable under Section 420/34 IPC.

As per prosecution case, complainant lodged a complaint to the S.P. Bilaspur stating that she transferred the amount of Rs. 5,00,000/- in the account of one Anup Kujur for admission of her son in medical college, who further transferred the same amount to the account of the present applicant on 15.07.2016. It is further stated that after transferring the amount, her son did not get seat in the medical college

and therefore she demanded back the money. It is stated that when the applicant denied to return the amount, FIR was registered against him along with the co-accused.

Counsels for the applicant submits that the applicant has been falsely implicated in the crime in question. It is submitted that the applicant is in jail since 10.08.19 and the trial will take time for final disposal and therefore he may be released on bail. On the other hand, learned counsel for the State opposes the bail application.

Considering the totality of the facts and circumstances of the case, in particular the detention period of the applicant, I am inclined to release him on bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond of Rs. 1,00,000/- with one surety in the like sum to the satisfaction of the concerned court for his appearance before it as and when directed, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna