High Court Of ChhattisgarhMCRC/6866/2019allowed

Rahul Bafana Jain @ Praveen v. State Of Chhattisgarh

2019-12-10Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6866 of 2019 • Rahul Bafana Jain @ Praveen S/o Late Shri Shantnu Bafna Aged About 31 Years R/o Plot No. 307 Om Shri 2, V I P State, Shankar Nagar, Police Station - Pandari, 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 :

Shri Sameer Singh, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 10/12/2019

1. 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.192/2017, registered at Police Station - Gudhiyari, Raipur (C.G.) for the offence punishable under Sections 420, 467, 468, 471 r/w 34 of the IPC.

2. Case of the prosecution is that the applicant forging his identity opened a Bank Account and has fraudulently obtained loan from the Bank for Rs.20,00,000/- against commercial vehicle.

3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question and it is a matter of business transactions between the parties. He submits that as the applicant is in custody since 27.4.2019

and the trial is likely to take some time for its final disposal, he may be released on bail.

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

5. Considering the facts and circumstances of the case, in particular the nature of allegations against the applicant and the offence is triable by Magistrate, I am of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

6. Accordingly, the application filed under Section 439 Cr.P.C. is allowed.

7. It is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs.1,00,000/- 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.

8. Certified copy, as per rules.

Sd/ (Rajani Dubey) Judge sunita