Satya Prakash Sao vs State Of Chhattisgarh

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 in connection with Crime No.526 of 2017 registered at Police Station City Kotwali, District Balauda Bazar - Bhatapara for offence

punishable under Section 420 of the Indian Penal Code.

Case of the prosecution, in brief, is that a written report was lodged by Complainant Kamal Narayan Jangde against the Applicant alleging that even

after payment of the entire tuition-fee for the course of B.C.A., the Complainant was not allowed to participate in the examination, but a fake

certificate was issued under registration No.1011401717 due to which period of two years have elapsed. When the Complainant asked for refund of

his money, the Applicant refused to refund the same. On the report, the offence under Section 420 of the Indian Penal Code has been registered

against the Applicant and he has been taken into custody on 24.11.2017 and since then he is in jail.

Learned Counsel appearing for the Applicant submits that the Applicant has been falsely implicated in the case. He is innocent. It is further

submitted that prima facie no case is made out against the Applicant. The alleged dispute is of civil nature. Charge-sheet has been filed. The Applicant

is in jail since 24.11.2017. Trial will take a long time. Therefore, he may be released on bail.

Learned Counsel appearing for the State opposes the bail application.

I have heard Learned Counsel appearing for the parties and perused the entire case diary with due care.

Taking into consideration the facts and circumstances of the case and the facts that charge-sheet has been filed, the Applicant is in jail since

24.11.2017 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release the Applicant on bail.

Accordingly, the bail application is allowed.

It is directed that the Applicant shall be released on bail on furnishing a personal bond in the sum of Rs.10,000/- with one solvent surety in the like

sum to the satisfaction of the concerned Trial Court for his appearance before the said Court as and when directed.