Abhay Jal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5992 of 2019 • Abhay Jal, son of late Maheshwar Jal, aged about 32 years, Occupation Agency, resident of village Saroj Kund, Adarsh Nagar, Mathpara, P.S. Tikrapara, Raipur, Chhattisgarh. Through wife Smt. Jima Jal ---- Applicant •

Versus

• State Of Chhattisgarh Through - Station House OfÏcer, Police Station Civil Line, Civil and Revenue District Raipur, Chhattisgarh ---- Respondent For Applicant :

Shri P.K. Patel, Advocate For Respondent :

Shri Anurag Verma, P.L.

Hon'ble Smt Justice Rajani Dubey Order on Board /11/2019 1.

The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime No.348/2019, registered at Police Station - Civil Line, Civil and Revenue District Raipur (C.G.) for the offence punishable under Section 420 of IPC.

2.

Allegation against the present applicant is that he obtained documents from the applicant and other persons in a planned manner on the pretext that he would provide loan from Bajaj Finance and other companies and on the basis of the said documents, he obtained loan and purchased various company's mobile phones, cameras and scooty vehicle for self use. Based on this, offence has been registered. Present applicant has been taken into custody on 01.06.2019. 3.

Learned counsel for the applicant submits that the applicant

is innocent and has been falsely implicated in the case. He further submits that the present applicant is in custody since 01.06.2019, charge sheet has been filed, the case is triable by Judicial Magistrate First Class and there is no likelihood of his case being decided in near feature. Therefore, he may be released on bail.

4.

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

5.

I have heard learned counsel for the parties and perused the record.

6.

Considering the facts and circumstances of the case, and further considering the fact that the applicant is in custody since 01.06.2019, the offence is triable by Judicial Magistrate First Class and the trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7.

Accordingly, the bail application is allowed. 8.

It is directed that the Applicant shall be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one solvent surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed.

Sd/- (Rajani Dubey) Judge Pekde