High CourtsSingle Bench

Rajesh Netam vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 9 August 2018 · Citation: (2018) 08 CHH CK 0140

HON’BLE JUDGES
Goutam Bhaduri, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 380, 420, 467, 468, 471 · Code Of Criminal Procedure, 1973 — Section 439
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case (MCRC) No. 5126 Of 2018
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Judgment

15 paragraphs · 266 words

Goutam Bhaduri, J

1.

This is the First Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been

arrested on 24.03.2018 in connection with Crime No.428/2017 registered at Police Station Kanker, Civil and Revenue District South Bastar kanker

(CG) for the offence punishable under Sections 380, 420, 467, 468 & 471 IPC.

2.

As per the prosecution case, a report was made by Draupadi that on 09.02.2017 someone has taken out an amount of Rs.21000/- from her bank

account. Subsequently, it was revealed that the present applicant, who is the brother-in-law of the complainant has taken out the amount by forged

signature. Thereby the offence has been committed.

3.

Learned counsel for the applicant submits that the applicant is in jail since 24.03.2018 and some compromise has been effected in between the

parties and because of some confusion/misunderstanding the report was made, therefore, the applicant may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Considering the facts and circumstances, the nature of allegation and also taking into that the applicant is in jail since 24.03.2018, I am inclined to

release the applicant on bail.

6.

Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/-

with one 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 by the

said Court.