High Court Of ChhattisgarhMCRC/5624/2019allowed

Pawan Kumar Sao & ANR. v. State Of Chhattisgarh

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

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5624 of 2019 • Pawan Kumar Sao & Anr. S/o Shri Kishore Sao Aged About 25 Years R/o Ward No. 22, Badbad Madhupur, District- Devghar, Jharkhnd.

• Mohd. Samsul S/o Mohd. Abdul Gani Aged About 33 Years R/o Ward No. 22, Badbad Madhupur, District- Devghat, Jharkhand., ---- Applicants

Versus

• State Of Chhattisgarh Thrugh Station House Officer, P.S. Amanaka Raipur, District- Raipur, Chhattisgarh. ---- Respondent For Applicants : Shri C.R.Sahu, Advocate For Respondent : Shri Anil Tripathi, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 06/11/2019 The applicants have filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No.58/2019 registered at police station Amanaka, District Raipur (CG) for the offence punishable under Sections 420,201,34 IPC.

Counsel for the applicant submits that the complainant Saif Ahmad had done online shopping website and during the said transaction, the applicants had fraudulently acquired the account number of the complainant and obtained Rs. 53,680/- from him.

Counsel for the applicant submits that the applicants are innocent and they have been falsely implicated. He further submits that the applicants have returned the amount after entering into an agreement. He submits that the applicants are in jail since 31.07.2019 and the trial will take sometime for its final disposal therefore they be released on bail.

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

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicants, I am inclined to release them on regular bail. Accordingly, their application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicants' furnishing a personal bond in the sum of Rs. 25,000/- each with one surety for the like sum to the satisfaction of the concerned Court, they shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna