INDERPAL SINGH DOMIR @ LAKKY v. STATE OF CHHATTISGARH
MCRC/2275/2025 · 2025-04-17
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[ 2025 DAILYLAW 13581 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13581 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:17656
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2275 of 2025
1. Inderpal Singh Domir @ Lakky S/o Bhupendra Singh Domir Aged About 35 Years (As Per F.I.R. And Arrest Memo - Indrapal Singh Domir @ Lakky S/o Bhupendra Singh Domir) R/ o Imlipara (Near Arvind Kirana), P.S. Civil Line Bilaspur Chhattisgarh
... Applicant(s) versus
1. State Of Chhattisgarh Through Station House Officer Police Station Civil Line Bilaspur District Bilaspur Chhattisgarh
... Non-Applicant(s) For Applicant(s) : Mr. Neeraj Kumar Sharma, Advocate along with Mr. Ruhul Ameen, Advocate For Non-Applicant(s) : Mr. U.K.S. Chandel, Additional Advocate General For Objector : Mr. Chandrikaditya Pandey, Advocate on behalf of Mr. Dharmesh Srivastava, Advocate Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order On Board 17.04.2025
1. Proceedings of this matter have been taken through video conferencing.
2. The applicant has preferred this First Bail Application under MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.04.22 11:27:53 +0530
2 Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 196/2025, registered at Police Station Civil Line Bilaspur, District - Bilaspur (C.G.), for the offence punishable under Sections 420, 465, 467 and 468 of IPC.
3. Prosecution case in brief is that the complainant Vipin Rajpal lodged a written complaint in Civil Line Police Station stating that the complainant and the accused Indrapal Singh Domir were acquainted with each other due to business work, the accused used to take money from the complainant from time to time and when the complainant asked for his money back, the accused sent a fake massage to the applicant about payment of Rs. 40,00,000/- by saying that they are equal partners in the coal supply work of ACC Cement Company Jamul, accused got Rs. 55,50,000/- deposited in various bank accounts and Rs. 12,42,335.50 for vehicle fare, thus the accused has cheated the applicant for a total of Rs. 67,92,335/-. Later the victim came to know that the accused had transfer the said amount to account of his family. On the basis of which, a crime was registered against the applicant under Sections 420, 465, 467 and 468 of IPC.
4.
Learned counsel for the applicant would submit that the applicant is innocent person and he has not committed any offence as alleged by the prosecution and he is falsely
3 implicated in the present case. It is further submitted that the applicant has two criminal antecedent under Section 420 and 406 of IPC which are pending, three criminal antecedents under Negotiable Instruments Act out of which in two cases he has been acquitted and one is pending before the trial Court. He further submit that the charge-sheet has been submitted and the applicant is in jail since 26.02.2025. Therefore, he prays that the applicant be enlarged on bail.
5. On the other hand, the learned counsel for the State opposes the bail application and also endorse the submission made by the learned counsel for the applicant. It has been further submitted that the applicant has five criminal antecedents and he has submitted that charge-sheet has been filed, therefore, he is not entitled to be released on bail.
6.
Learned counsel for the objector would submit that the applicant has not given the said amount to the complainant/objector, therefore, he submits that the applicant is not entitled to be released on bail. 7. I have heard learned counsel for the parties and perused the case diary. 8. Considering the facts and circumstance of the case, nature and gravity of allegation made against the applicant and the fact that there is a dispute of civil nature between the applicant and the complainant, further the charge-sheet has been filed in
4 the present case before the competent Court and he is in jail since 26.02.2025, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 9. Let applicant, Inderpal Singh Domir @ Lakky, involved in Crime No. 196/2025, registered at Police Station Civil Line Bilaspur, District - Bilaspur (C.G.), offence punishable under Sections 420, 465, 467 and 468 of IPC, be released on bail on his furnishing personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of BNS. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his
5 presence, proclamation under Section 84 of BNSS is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial Court shall initiate proceedings against him, in accordance with law, under Section 209 of BNS. (iv) The applicant shall remain present, in person, before the trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS.
If in the opinion of the trial Court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 10. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Manish