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High Court Of ChhattisgarhMCRC/6117/2016allowed

Amit Parasram Choudhary v. State Of Chhattisgarh

2016-10-04Hon'Ble Shri Justice Goutam Bhaduri2 pages

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 6117 of 2016

1. Amit Parasram Choudhary, S/o. Shri Parasram Panjab Rao Choudhary, aged about 27 years, R/o. House No.256, Dasra Road, Mahal, Nagpur (Maharastra), presently residing at Second Floor, Simran Tower, Jeevan Bima Marg, Pandri, Raipur (C.G.) ----Applicant

Versus

1. State of Chhattisgarh, Through : Police Station Modhapara, District - Raipur (C.G.) ---- Respondent For Applicant : Mr. Siddharth Rathod, Advocate For Respondent/State : Mr. Anupam Dubey, Dy. Govt. Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 04/10/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.31/2016, registered at Police Station - Modhapara, District - Raipur (C.G.) for the offence punishable under Section 409, 418, 420, 467, 468, 120-B, 34 of Indian Penal Code.

2.

Case of the prosecution, in brief is that the applicant who was working in Magma HDI General Insurance Company had generated a fake insurance policy on 14.04.2015. It is further alleged that an accident took place by the vehicle of Rahul Kumar Goyal, whereby two persons died. Cheque was provided on 12.04.2015 by the owner of the vehicle, which was deposited in the company on 16.04.2015, so the insurance should have been from 17.04.2015, instead the insurance policy was issued by the computer generated

Page No.2 from 13.04.2015 to 12.04.2016. Thereby the fake insurance policy was issued.

3.

Learned counsel for the applicant submits that the applicant has not committed any fraud and he has already resigned from the company on 04.04.2015 and some other person by using his fake ID has generated the policy. It is further submitted that investigation is complete and the applicant is in jail since 05.09.2016, therefore, the counsel prays that the applicant may be enlarged on bail. 4.

On the other hand, learned counsel for the State opposes the bail application 5.

I have heard learned counsel appearing for the parties. 6.

Considering the facts and circumstances of the case, the nature of offence and the degree of allegation and further taking into the fact that all the evidence appears to be documentary in nature and further considering the fact that the applicant is in jail since 05.09.2016, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail. 7.

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

8.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

9.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Balram