Niyajuddin vs State Of Chhattisgarh

The aforesaid bail applications are being disposed of by this common order as they arise out of the same incident.

MCRCA No.1424 of 2022 has been preferred by applicant Niyajuddin as he apprehends his arrest in connection with Crime No.35/2022 registered at Police Station Kabirdham, District Kabirdham for offence under Sections 120-B, 420, 465, 467, 468, 471 & 34 of the IPC.

MCRC No. 8818 of 2022 has been preferred by applicant Salman Momin as he is arrested in connection with Crime No.36/2022 registered at Police Station Kawardha, District Kabirdham for offence under Sections 120-B, 420, 465, 467, 468, 471 & 34 of the IPC.

Prosecution case is that complainant Navneet Kaur Saluja filed an application under Section 156 (3) of the CrPC before the CJM, Kabirdham and upon receiving the order from the concerned Court, FIRs were registered to the effect that father Trilochan Singh and Brother-in-law (Arvinder Singh Chhabra) in a fraudulent manner sold the trucks of the complainant to the present applicants though the complainant has not executed any deed for transfer.

Learned counsel for the applicants would submit that they are innocent and have been falsely implicated. They have duly transferred the consideration amount in the name of the complainant and they have no malafide intention to cheat the complainant. They also submit that co-accused persons namely, Trilochan Singh and Arvinder Singh have been granted bail by the coordinate Bench of this Court vide order dated 14.10.2022 passed in MCRC No.8561/2022, therefore, the present applicants may be released on bail.

On the other hand, learned State Counsel and learned counsel for the Objector oppose the bail applications. Learned State Counsel submits that initially an amount of Rs.4 lakhs has been transferred by each of the accused in favour of the complainant.

Heard learned counsel for the parties at length and perused the case diary.

Having considered the submissions, the nature of allegations and the role attributed to the present applicants that initially they had duly transferred the amount of consideration in favour of the complainant and without further commenting anything on the merits of the case, I am of the opinion that it is a fit case where the applicants can be released on both anticipatory and regular bail.

Accordingly, the application {MCRCA No.1424 of 2022} filed by applicant Niyajuddin is allowed and it is directed that in the event of arrest of the applicant, he shall be released on anticipatory bail on his executing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the arresting officer with the following conditions:-

(i) he shall not influence the witnesses during trial.

(ii) he shall make himself available for interrogation by a police officer as and when required;

(iii) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

10.MCRC No.8818 of 2022 filed by applicant Salman Momin is also allowed and he is directed to be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.