Narad Prasad Nagwanshi v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6098 of 2019 • Narad Prasad Nagwanshi S/o Late Shri Sunnaram Nagwanshi Aged About 59 Years R/o Tisari Battalion, Amleshwar, District Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Applicant
Versus
• State Of Chhattisgarh Through Station House Officer, Police Station New Rajendra Nagar, Raipur, Durg, District Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------- For Applicant : Ms.Laxmin Kashyap , Advocate For Respondent/State : Shri Sameer Sharma, Dy.Govt. Advocate -------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 19.11.2019 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.295/2019, registered at Police Station New Rajendra Nagar, Raipur, District Raipur(CG) for the offence punishable under Sections 420, 34, 467, 468, 471 of the IPC.
3.
As per the case of prosecution, the applicant obtained Rs.2,00,000/- from the complainant on the pretext of providing govt. job in Gramin Dak Sewa, but he neither fulfilled his promise nor returned the money and thereby committed cheating.
4.
Learned counsel for the applicant submits that the applicant has not committed any offence and the complainant has cooked up the story to implicate the applicant. She further
submits that the offence is triable by Magistrate and the applicant is in jail since 24.8.2019 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 and the applicant is in jail since 24.8.2019, 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