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2025 DAILYLAW 41240 (CHH)

LATA KHUNTE v. STATE OF CHHATTISGARH

MCRC/7442/2024 · 2025-01-30

Shri Naresh Kumar Chandravanshi

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Judgment text

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1 2025:CGHC:5702 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7442 of 2024 1 - Lata Khunte W/o Shri Dileram Khunte Aged About 45 Years R/o Village- Gangapurkhurd, Police Station, Gandhinagar, Tehsil- Ambikapur, District- Sur- guja (C.G.), District : Surguja (Ambikapur), Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through, Station House Officer P.S. Gandhinagar, Tehsil- Ambikapur, District- Surguja, (C.G.), District : Surguja (Ambikapur), Chhattisgarh ... Respondent MCRC No. 8848 of 2024 1 - Laxmi Prasad S/o Kailash Ram, Aged About 26 Years R/o Village-Duppi, P.S. And Tahsil- Rajpur, District-Balrampur (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through- S.H.O. Police Station-Gandhi Nagar, Am- bikapur, District-Sarguja (C.G.) ... Respondent For applicant in MCRC No. 7442/2024 : Mr. Ayush Lal, Adv. For applicant in MCRC No. 8848/2024. : Mr. Pushkar Sinha, Adv. For State Mr. Keshav Prasad Gupta, Dy. Govt. Adv. Digitally signed by AVANISH KUMAR PATHAK Date: 2025.01.31 18:21:55 +0530 2 (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 30/01/2025 1. Above two bail applications arise out of same crime number of same police station, therefore they are being heard together and decided by this common order. These two bail applications be delinked from other connected cases. 2. These are 1st bail applications filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants, who have been arrested in connection with Crime No. 442/2023 registered at Police Station Gandhinagar, Tahsil Ambikapur, Distt. Sarguja (C.G.), for the offence punishable under Section 420, 34 of the IPC. 3. Case of the prosecution is that, the applicants Lata Khunte, Laxmi Prasad, and co-accused Rajaram and Jitu are Director of Sarguja Mart Pvt. Ltd. They obtained huge amount from various villagers on account of drilling bore well, provided them loan for various purposes like poultry form, teak form, animal husbandry and when investors demanded their money back, then applicants did not return them money and they have cheated them. Based on above facts, written complaint was made by complainant Gode Paikra, Chhavi, and Ram Deyal Uike, FIR was registered against applicants and other accused persons , applicant Lata Khunte was arrested on 1-3- 2024 and applicant Laxmi Prasad was arrested on 19-2-2024 and after investigation, charge sheet has been filed on 14-4-2024 for the offence under Section 420/34 of IPC. 4. Learned counsel for the applicants submits that, charge sheet has been filed on 14-4-2024 for the offence under Section 420/34 of IPC, which is punishable upto 7 years jail sentence and the case is triable by JMFC, applicants are in jail since last 1 year, till date, charge has not been framed, therefore, the applicants may be granted regular bail. 5. On the other hand, learned State counsel opposes the applications for grant of bail. 6. Heard learned counsel for the parties and perused the case diary. 3 7. Having heard learned counsel for the parties and having regard to the facts and circumstances of the case, particularly considering the detention period of the applicants, since charge sheet has already been filed and case is triable by JMFC, I feel inclined to release the applicants on bail. 8. Accordingly, the bail applications are allowed and it is directed that each of the applicants shall be released on bail on each of their furnishing a personal bond in sum of Rs. 1,00,000/- with two sureties each of like amount to the satisfaction of the concerned trial Court for their appearance before the trial court regularly on each and every date as per direction of the court, unless exempted from appearance. Certified copy as per rules. Sd/- (Naresh Kumar Chandravanshi) JUDGE Pathak/-