High Court Of ChhattisgarhMCRC/6318/2019allowed

Jitesh Thawait v. State Of Chhattisgarh

2019-11-26Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6318 of 2019 • Jitesh Thawait S/o Bholeshankar Thawait Aged About 28 Years R/o Village Kosa, Police Station Mulmula, District Janjgir-Champa, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through, Station House Officer, Police Station Civil Line, District Bilaspur, Chhattisgarh.

---- Respondent For Applicant :

Mr. Sourabh Sharma, Advocate.

For State :

Mr. Vaibhav K. Agrawal, PL For Objector :

Mr. P.K. Tulsyan, Advocate.

Hon'ble Smt. Justice Rajani Dubey Order on Board 26/11/2019 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 544/2019 registered at Police Station - Civil Lines Bilaspur, District Bilaspur (C.G.) for the offence punishable under Section 420 of IPC.

• The prosecution story in brief is that, complainant lodged an FIR before the police station alleging therein that the present applicant transferred Rs. 18,65,302/- in his own account by fraud. After completion of investigation offence has been registered against the applicant and he has been arrested. • Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the applicant is ready to furnish adequate surety and shall abide by all the directions and conditions which may imposed by this Court. He next submits

that the applicant is in jail since 23.08.2019, therefore, the present applicant may be released on bail.

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

• I have heard learned counsel for the parties. • Taking into consideration the nature and gravity of the offence, facts and circumstances of the case and further considering that the offence is triable by Judicial Magistrate First Class 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.

• Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu