Chattisgarh High Court
Ritesh Chakroborty vs State Of Chhattisgarh on 3 November, 2022
Author: Rajani Dubey
Bench: Rajani Dubey
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 7747 of 2022
Ritesh Chakroborty S/o Late Shri Alok Chakroborty, Aged
About 29 Years, R/o House No. 3/a, Teachers Colony, 02 D
Type, Dallirajhara, District Balod Chhattisgarh
---- Applicant
Versus
State Of Chhattisgarh Through Station House Ofcer P.S.
Khamhardih, District Raipur Chhattisgarh
---- Respondent
MCRC No. 9150 of 2022 Manoj Kumar Vaishnav S/o Shri Uttam Das Vaishnav, Aged About 36 Years, Near Sheetla Talab, New Changorabhata, P. S. DD Nagar, Raipur, (C.G.)
---- Applicant Versus State Of Chhattisgarh Through Sho P.S. - Khamardih, Raipur, District - Raipur (C.G.)
---- Respondent For Applicants : Mr. N. Naha Roy, Advocate in MCRC No.7747/2022 and Mr. Vinay Nagdev, Advocate in MCRC No.9150/2022 For Respondent : Mr. Ayaz Naved, G.A. Hon'ble Smt Justice Rajani Dubey Order on Board 03/11/2022
1. Since the aforesaid bail applications arise out of the same crime number, they are being disposed of by this common order.
2. The applicants have preferred these First bail applications under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are arrested in connection with Crime No.54/2020, registered at Police Station - Khamhardih, District Raipur (C.G.) for the ofence punishable under Sections 419, 420, 467, 468, 471, 120-B, 34 of IPC.
2
3. Allegation against the applicant in MCRC No.7747/2022 is that he submitted false documents to secure housing loan worth Rs.2,24,20,000/- crore in between 06.11.2018 to 20.08.2019, whereas allegation against the applicant in MCRC No.9150/2022 is that the rubber seal used for creating forged documents was made by him for Rs.500/-. Based on this, ofence has been registered. The present applicants have been taken into custody on 03.06.2020 and 30.05.2020 respectively.
4. Learned counsel for the applicant in MCRC No.7747/2022 submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that vide order dated 12.02.2021, in identical matter, the applicant and other co- accused in MCRC No.5260/2020 and other connected matter, have been granted regular bail by co-ordinate Bench of this Court. He also submits that there are 23 witnesses in the case, out of which only two witnesses have been examined and there is no likelihood of his case being decided in near future, therefore, considering the detention period of the applicant, he may be extended privilege of regular bail.
5. Learned counsel for the applicant in MCRC No.9150/2022 submits that only allegation against the present applicant is that the rubber seal used for creating forged document was made by him. Learned counsel further submits that vide order dated 12.09.2022, co- accused persons in MCRC Nos.7012/2022 and 7689/2022 have been granted bail by this Court, therefore, the applicant may also be extended privilege of regular bail.
6. On the other hand, learned counsel for the State opposes the bail application.
7. I have heard learned counsel for the parties and perused the case diary.
3
8. Considering the totality of the facts and circumstances of the case, nature of ofence and further considering the order dated 12.09.2022 passed by this Court granting bail to other co-accused persons in MCRC Nos.7012/2022 and 7689/2022, without commenting anything on merits of the case, I am inclined to release the applicants on bail.
9. Accordingly, the bail applications are allowed.
10. It is directed that the applicants shall be released on bail on their executing a personal bond for a sum of Rs.1,00,000/- with two local sureties for the like amount to the satisfaction of the trial Court for their appearance before the said Court as and when directed, till disposal of the trial.
Certified copy, as per rules.
Sd/-
(Rajani Dubey) Judge pkd