Sourabh Chakhiyar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7237 of 2019 • Saurabh Chakhiyar S/o Late Ajit Chakhiyar Aged About 33 Years Occupation-Service R/o Villagekenabandh, P.S. And Tehsil Ambikapur District Surguja Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through- S.H.O. Outpost Manipur P.S. Ambikapur, District Surguja Chhattisgarh.

---- Respondent For Applicant :

Mr. Shakti Raj Sinha, Advocate.

For Respondent :

Mr. Sameer Sharma, Dy.G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 21/11/2019 • 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. 311/2019 registered at Police Station - Outpost Manipur P.S. Ambikapur, Surguja (C.G.) for the offence punishable under Sections 420, 467, 468, 471 & 120-B of IPC. • The prosecution story in brief is that, a report was lodged before the police station alleging therein that a cheque of Rs. 3,10,000/- was deposited by co-accused Sumit Yadav in the account of applicant. Thereafter, a forged appointment letter was prepared and complainant and several other persons were cheated by applicant and other co-accused in similar manner. After completion of investigation offence has been registered against the applicant and he was arrested on 11.10.2019.

• Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He

further submits that the main allegation was against Sumit Yadav, Lalit and Munna Lal, who are the main accused. Applicant is in jail since 11.10.2019, 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 the fact that the applicant is in jail since 11.10.2019 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. 50,000/- 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