Babar Khan v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7692 of 2018 Babar Khan, S/o Shri Samiulla Khan, Aged About 43 Years, R/o Behind Shradhanand School, Santoshi Nagar, Police StationTikrapara, District- Raipur (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through: Station House Officer, Police Station- Gole Bazar, District- Raipur (C.G.) ---- Respondent ------------------------------------------------------------------------------------------- For Applicant :

Mr. Vimlesh Bajpai, Advocate.

For State :

Mr. Vivek Sharma, G.A.

------------------------------------------------------------------------------------------- Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 31/10/2018 1.

This is first bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested on 10.03.2018 in connection with Crime No. 73/2018 (Criminal Case No. 2500/2018) registered at Police StationGole Bazar, District- Raipur (C.G.), for the offence punishable under Sections 420, 506, 201 of IPC.

2.

As per the prosecution case, the applicant entered into an agreement with the complainant for selling of land @ Rs. 25/- per sq.ft. and collected amount from the complainant, but did not execute the sale deed.

3.

Learned counsel for the applicant submits that the case is purely of civil nature and no amount was taken by the applicant. The trial will take sufficient time, therefore, the applicant may be enlarged on bail.

4.

On the contrary, learned State counsel opposes the application for grant of bail.

5.

Looking to the fact that the applicant is in jail since 10.03.2018 and trial will take sufficient time, without further commenting on merits of the case, I am inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs. 20,000/- with one local surety in the like amount to the satisfaction of the concerned trial Court. He shall appear before the trial court regularly on each and every date, unless exempted from appearance.

Certified copy as per rules.

Sd/- (Ram Prasanna Sharma) Judge Arun