High Court Of ChhattisgarhMCRC/5604/2019allowed

Sanat Gupta v. State Of Chhattisgarh

2019-11-06Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.5604 of 2019 • Sanat Gupta S/o - Shri Gulab Chand Gupta Aged About 62 Years R/o - Bus Stand Gunderdehi, District Balod Chhattisgrh. ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Basantpur, District Rajnandgaon Chhattisgarh. ---- Respondent For Applicant :

Shri N.S. Dhurandhar, Advocate.

For Respondent :

Shri Wasim Miyan, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 06/11/2019 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 153/2019 registered at Police Station - Basantpur, District Rajnandgaon (C.G.) for the offence punishable under Section 420/34 of IPC. • The prosecution story, in brief is that the applicant showed the land situated near Gunderdehi Bus Stand to complainant Heeru Ram Dewangan, allured him that they would purchase the said land and earn much money and fraudulently obtained Rs. 50,000,00 (Rs. Fifty Lakh) from him but the applicant did not execute sale-deed based on this offence has been registered and the applicant was arrested on 25.07.2019.

• Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in

the case. Charge-sheet has already been filed. The applicant is jail since 25.07.2019, there is no previous antecedent against him, therefore, the present appellant may be released on bail.

• On the other hand, counsel for the State opposes the bail application.

• I have heard learned counsel for the parties and perused the case diary.

• Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of the applicant and the fact that the offence is triable by Judicial Magistrate First Class and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed. • Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge Vijay Sahu