Rahul Bafna v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6209 of 2019 • Rahul Bafna S/o Late Shri Shanti Lal Bafna Aged About 30 Years R/o Fool Chowk, Near R.D.A. Building, Jora Para, Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through District Magistrate, Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------- For Applicant : Shri Kshitij Sharma, Advocate For Respondent/State : Shri Sameer Sharma, Dy. Govt. Advocate -------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 21.11.2019 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.399/2014, registered at Police Station Civil Line, Raipur(CG) for the offence punishable under Sections 420, 467, 468, 471 of the IPC. 3.

As per the case of prosecution, the applicant obtained loan of Rs.39,00,000/- from the Bank on the basis of preparing his forged identity documents in the name of Praveen Kumar Roy. 4.

Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the case and it is a matter of business transaction. He further submits that the offence is triable by Magistrate and the applicant is in jail since 27.4.2019 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 applicant is in jail since 27.4.2019, 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.50,000/- 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