Dhanjay Mandal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 8267 of 2019 Dhanjay Mandal, S/o. Jiblal Mandal, aged about 34 years; R/o. Damarkola Opposite Shukrawar Bazar P.S. Palajori District Deoghar (Jharkhand) ---- Applicants

Versus

State of Chhattisgarh; Through : The P.S. Farasgaon, District Kondagaon (C.G.) ----Non-applicant For Applicants : Mr. Dharmesh Shrivastava, Advocate on behalf of Mr. Pravin Kumar Tulsyan, Advocate.

For Non-applicant : Mr. Akhtar Hussain, Panel Lawyer. Hon'ble Smt. Justice Rajani Dubey Order On Board 04/02/2020 (1) The accused/applicant has preferred this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 82/2017 registered at police Station Farasgaon, Distt. Kondagaon for the offence punishable under Sections 420 of the Indian Penal Code and Section 66 (B) of Information and Technology Act, 2000.

(2) Case of the prosecution is that applicant has cheated the complainant on telephone as he wanted to know about ATM pin number, bank account number for the purpose of forgery and thereby committed the aforesaid offences. (3) Counsel for the applicant submits that applicant has been falsely implicated in the crime in question as there is no evidence on record to connect the applicant with the crime in question. He further submits that the applicant is in jail since 20.10.2019, charge sheet

has been filed but trial is likely to take some time for its final disposal and the victim and the applicant has already compromised the matter outside the court and, therefore, the applicant is entitled to be released on bail. (4) On the other hand, counsel for the State opposes the bail application. (5) I have heard learned counsel appearing for the parties and perused the case diary with utmost circumspection.

(6) Taking into consideration the facts & circumstances of the case, further considering the fact the applicant is in detention since 19.10.2019 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 applicants on bail. Accordingly, the bail application is allowed. (7) Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy, as per rules.

Sd/- (Rajani Dubey) Judge Dubey/-