Chandrashekhar Nishad vs State Of Chhattisgarh on 29 July, 2022

[Cites 6, Cited by 0]

Chattisgarh High Court

Chandrashekhar Nishad vs State Of Chhattisgarh on 29 July, 2022

Bench: Rajani Dubey

                                 1

                                                             NAFR
      HIGH COURT OF CHHATTISGARH, BILASPUR
                    MCRC No. 3633 of 2022
    Chandrashekhar Nishad S/o Rohit Nishad, Aged About 28
     Years, R/o Village Salihabhata Police Station And Tahsil
     Tamnar, District Raigarh Chhattisgarh.
                                                     ---- Applicant
                              Versus
    State Of Chhattisgarh Through The Station House Officer,
     Police Of Police Station Tamnar, District Raigarh Chhattisgarh.
                                                  ---- Respondent

For Applicant : Mr. Kaushal Yadav, Advocate.

For Respondent/State   :      Mr. Ali Asgar, Dy. A.G.
For Objector           :      None.


               Hon'ble Smt. Justice Rajani Dubey
                           Order on Board
29.07.2022

1. The accused/applicant has moved this first bail application under Section 439 of Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 321/2020 registered at Police Station- Tamnar, District Raigarh (C.G.) for the offence punishable under Sections 420, 120-B, 467, 468, 471 of IPC.

2. As per case of prosecution, the allegation against the present applicant is he along with co-accused persons have prepared the forged documents and taken loan from the Shriram Finance Corporation Pvt. Ltd. Based on that, offence has been registered against the applicant.

3. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the crime in question. Referring to Annexure A/2, he further submits that the applicant has already deposited Rs. 6,00,000/- and the said Finance Company has issued No Objection Certificate as a clearance note from the company 2 to the applicant. The applicant is in jail since 31.03.2022, therefore, the applicant may be enlarged on bail.

4. Per contra, learned State counsel opposes the bail application of the applicant.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the facts and circumstances of the case, detention period of the applicant, particularly the No Objection Certificate issued by the Finance Company to the applicant, as the trial is likely to take more time, without further commenting on merits of the case, I am inclined to release the applicant 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 said Court on each and every date given to him by the said Court.

Sd/-

(Rajani Dubey) Judge V/-

Unlock Advanced Research with PRISMAI

Chattisgarh High Court