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2025 DAILYLAW 20819 (CHH)

ASHOK KUMAR SAHA v. STATE OF CHHATTISGARH

CRMP/1571/2025 · 2025-06-08

Smt Rajani Dubey

body2025

Judgment text

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1 2025:CGHC:22720 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1571 of 2025 1 - Ashok Kumar Saha, S/o Ramesh Chandra Saha, Aged About 59 Years R/o Shiv Nagar, College Road, Post- Agartara College Tripura, West Agartara (Tripura) ... Petitioner(s) versus 1 - State of Chhattisgarh Through SHO Police Station- Baikunthpur, Distt. Korea (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Pushpendra Singh Baghel, Advocate For Respondent(s) : Mr. Ajay Pandey, G.A. Hon’ble Smt. Justice Rajani Dubey Judgment on Board 09/06/2025 1. Petitioner has filed this petition under Section 528 of the B.N.S.S., 2023 for modification of order passed in MCRC No. 7400/2022 dated 20.09.2022. 2 2. Learned counsel for the petitioner submits that petitioner herein was enlarged on bail in connection with Crime No. 152/2017 registered at Police Station- Baikunthpur, District - Korea (C.G.) for commission of offence punishable U/s 420 read with 34 of IPC, Sections 3 and 4 of Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and, Section 10 of Chhattisgarh Protection of Depositors Interest Act, 2005 vide order dated 20.09.2022 in MCRC No. 7400/2022. He further submits that petitioner was arrested on 10.05.2022 and he was granted bail vide order dated 20.09.2022. He contends that while granting bail, it was directed that in the event of the petitioner executing a personal bond for a sum of Rs 1,00,000/- with one local surety to the satisfaction of the concerned trial Court, he will be released on bail. He further contends that petitioner is in jail since 10.05.2022 and he is unable to furnish one surety for sum of Rs. 1,00,000/- to the satisfaction of the concerned trial Court, therefore, the order may be modified and a direction may be issued to the concerned trial Court to release the petitioner on executing a personal bond for a sum of Rs. 1,00,000/- without any surety. 3. On the other hand, learned State counsel opposes the submission made by learned counsel for the petitioner. 4. Heard counsel for the parties and perused the material available on record. 5. Taking into consideration the submission made by Mr. Baghel, the order passed in MCRC No. 7400 of 2022 dated 20.09.2022 is hereby modified and it is directed that as the petitioner is unable to furnish one surety of Rs. 1,00,000/-, he shall be released on bail on furnishing a 3 personal bond for a sum of Rs. 1,00,000/- to the satisfaction of the concerned trial Court. 6. Trial Court is directed to verify other credentials of the petitioner. 7. Accordingly, this petition stands disposed of. Sd/- (Rajani Dubey) JUDGE Ruchi RUCHI YADAV Digitally signed by RUCHI YADAV