P R Bareth v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5800 of 2019 • P R Bareth S/o Bangali Bareth Aged About 38 Years R/o House No. 101, Dolphin Plaza, P. S. Mowa, Raipur Tehsil And District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through P. S. D. D. Nagar, Raipur District Raipur Chhattisgarh, District : Raipur, Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------- For Applicant : Shri N. Naha Roy, Advocate For Respondent/State : Ms. Reena Singh, Panel Lawyer -------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 11.11.2019 1.

Heard.

2.

This is the first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No.250/2019, registered at Police Station DD Nagar, District Raipur CG) for the offence punishable under Sections 420, 34 of the IPC. 3.

As per the case of prosecution, the complainant lodged a report that one Aman Singh had obtained money at the instance of the applicant, who is operating Nikhilam Society N.G.O. in the name of providing job.

4.

Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the case. He submits that a cheque for alleged amount of

Rs.1,50,000/-was received by Aman Singh which was dishonoured and the applicant has not taken any amount from the complainant. He submits that the applicant is in jail since 16.7.2019 and the offence is triable by Magistrate, therefore, the applicant may be released on bail.

5.

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

6.

Perused the entire material available on record. 7.

Considering the facts and circumstances of the case, particularly considering the nature of allegations against the applicant and that the offence is triable by Magistrate, I am of the opinion that present is a fit case to release the applicant on bail. 8.

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

9.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the concerned 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 sunita