Jitendra Singh v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5839 of 2019 • Jitendra Singh S/o Prakash Chandra Jatav Aged About 33 Years Permanent R/o Village Birkhadi, Police Station Gohad Chouraha, District Bhind (Madhya Pradesh), At Present Ghodiya Marg Gali No.1, Kawardha, Police Station Kawardha, District Kabirdham, Ramnagar Ward No.1, Lohara Road Kawardha, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station City Kotwali, Dhamtari, District Dhamtari, Chhattisgarh., District : Dhamtari, Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------- For Applicant : Shri A.C.Sahu, Advocate For Respondent/State : Shri Sameer Sharma, Dy. Govt. Advocate -------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 18.11.2019 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.318/2019, registered at Police Station City Kotwali, Dhamtari, District Dhamtari(CG) for the offence punishable under Sections 420, 467, 468, 471 of the IPC.

3.

As per the case of prosecution, the present applicant by impersonating himself as Dr. Vaibhav Modi and submitting the whole forged documents, obtained loan of Rs.2,028,293/- from Bajaj Finance Company, Dhamtari.

4.

Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the crime and he has repaid the whole loan amount. He further submits that

yet charge sheet has not been filed and the offence is triable by Magistrate and the applicant is in jail since 8.8.2019 and trial may take some time for its final disposal 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, in particular the nature of allegations against the applicant and 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 in like sum 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