Atif Lakhani vs. State Of Chhattisgarh
Held
The Court considered the facts and circumstances of the case, the submissions made by both parties, the nature of the allegations, and the fact that the applicant has been in jail since April 12, 2022. It was noted that the charge sheet has been filed and the trial is likely to take some time for its conclusion. Without commenting on the merits of the case, the Court was of the view that it was a fit case to release the applicant on regular bail. The bail application was allowed, and the applicant was directed to be released on bail upon executing a personal bond of Rs. 50,000/- with one local surety to the satisfaction of the Trial Court.
Facts
The applicant, Atif Lakhani, is seeking bail under Section 439 of the Cr.P.C. He was arrested in connection with Crime No. 147/2022 registered at Police Station Urla, District Raipur, for offences under Sections 419, 420, 467, 468, and 471 of the IPC. The prosecution alleges that the applicant used the complainant's identity documents (Aadhar Card, Pan Card, Bank Passbook) to register a firm named 'D. K. Enterprises'. This firm is reportedly involved in selling iron and silicomanganese stone, with GST being paid in the complainant's name. The applicant has been in jail since April 12, 2022, and a charge sheet has been filed. The applicant claims innocence, stating he did not misuse the complainant's name and gained no undue advantage. He argues that the trial will take time to conclude, justifying his release on bail.
Key Issues
1. Whether the applicant is entitled to be released on bail under Section 439 of the Cr.P.C. considering the allegations of forgery, cheating, and using forged documents, and the fact that a charge sheet has been filed. The applicant argued that he is innocent, has been falsely implicated, and has not misused the complainant's name or gained any undue advantage. He emphasized that he has been in jail since April 12, 2022, the charge sheet has been filed, and the trial is likely to be protracted, thus warranting his release on bail. The State counsel opposed the bail application.
Sections Cited
Section 439, Sections 419, 420, 467, 468, 471
AI-generated summary — verify with the full judgment below
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.7121 of 2022 • Atif Lakhani, S/o Firoj Lakhani, Aged About 21 Years, R/o House No.304, Murada Park, P.S. Budiya Gaon, District Surat (Gujrat), Present Address Arihant Nagar, Sarona, P.S. Amanaka, Raipur, Chhattisgarh ---- Applicant Versus • State of Chhattisgarh Through the Station House Officer, P.S. Urla, District Raipur, Chhattisgarh ---- Respondent For Applicant Mr. T. K. Jha, Advocate For Respondent Mr. Alok Nigam, GA Hon’ble Justice Smt. Rajani Dubey Order on Board 22/09/2022
The applicant has preferred this first bail application under Section 439 of Cr.P.C., as he has been arrested in connection with Crime No.147/2022, registered at Police Station Urla, District Raipur (C.G.) for the offence punishable under Sections 419, 420, 467, 468 & 471 of IPC.
The prosecution story, in brief, is that the complainant lodged a written report alleging that he came to know though Police Station Urla that the applicant using his ID such as Aadhar Card, Pan Card, Bank Passbook etc. has registered a firm ‘D. K. Enterprises’. It is further alleged that the said firm is involved in selling iron, silco manganese stone and GST is also
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