Sandeep Deshwal v. State Of Chhattisgarh,

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9237 of 2021 • Sandeep Deshwal S/o Jagjeet Singh Deshwal, Aged About 30 Years, R/o Village - Pillukheda, District - Jind (Haryana), Presently R/o Sector No. 11, Vijaynagar, Jind, Haryana. ---- Applicant

Versus

• State of Chhattisgarh, Through - SHO, Police Staton - Bemetara, District - Bemetara, Chhattisgarh.

---- Respondent For Applicant :

Mr. Vaibhav A. Goverdhan, Adv.

For Respondent/State :

Mr. Ayaz Naved, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 17/12/2021 Heard.

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 459/2021 registered at Police Station-Bemetara, DistrictBemetara (C.G.) for the offence punishable under Sections 406, 419, 420, 211, 34 of IPC.

2. Prosecution case in brief is that, complainant Dayaram Jakhad lodged a written report that he is the owner of a truck (14 wheeler) bearing Registration No. CG-25-G-3025 and on 17.03.2021 he has given his truck on rent to the present applicant to the tune of Rs. 1,50,000/- per month. It is alleged

therein that the present applicant was plying this truck and he has not paid rent, it is also alleged that the applicant sold this vehicle to someone without any authority. After investigation it is found that his truck was sold to one Jaiprakash and it is also found that no person with the name of Jaiprakash exists and in fact his name is Raman Yadav, who has impersonating himself as Jaiprakash and purchased the said vehicle with forged documents. Based on this, offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that charge-sheet has been filed and the applicant is in jail since 29.08.2021, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

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

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant that he is in jail since 29.08.2021 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 1,00,000/- with

one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge H.L. Sahu