P. Sam Koshy, J
1. This is the repeat bail application seeking for grant of bail to the Applicant who is in jail since 12.01.2018 in connection with Crime No.81 of 2017
registered at Police Station Tarbahar, Distt. Bilaspur, for the offence punishable under Sections 420,467,468,471 and 120-B IPC. The earlier bail
application was dismissed as withdrawn on 04.04.2018 with liberty to revive after charge sheet is filed.
2. The allegation against the applicant is that, the present applicant is said to have used four cheques amounting to Rs.1,94,00,000/- which was
deposited in the bank account of the applicant at State Bank of India, Old Bus Stand, Bilaspur and the said cheques were realized and amount stood
credited in the account of the present applicant from which he had initially withdrawn an amount of Rs.50,000/-.
3. Learned Counsel for the applicant submits that it is a case where the present applicant was totally ignorant of the fact that cheques that he was
having were fake or clone cheques. The cheques were handed over to him by one Kamlesh Shukla who in turn had received from Rahul Gupta. The
applicant has deposited the said amount in his account as he was in need of some money and Kamlesh Shukla has offered him Rs.5,00,000/- if the said
cheques could get encashed by depositing the same in the bank account of applicant. He further submits that in fact the present applicant does not
have criminal track record nor does he was, at any point of time, made aware of the fact that cheques were fake and it is only a case where the
applicant and his bank account has been used by the other co-accused persons for the purpose of encashment. The applicant has already remained in
custody for about 5 months, and therefore, he may be released on bail.
4. The State counsel opposing the application submits that it is a case where in fact the cheques got encashed through the present applicant and it was
his account which was used and it was the present applicant who had deposited the same in his bank account, and therefore, the present applicant
would be one of the prime accused person and thus prayed for rejection of the bail application.
5. Without commenting on merits, considering the totality of the facts and circumstances of the case particularly taking in to consideration the material
collected during the course of investigation which shows that the present applicant is the last person in the chain of the entire racket and prima facie
the applicant does not seem to be aware of the fake cheques which was entrusted to him by the co-accused persons for encashment, this Court is of
the opinion that the present is a fit case where the Applicant can be enlarged on bail.
6. Accordingly, the application for grant of bail is allowed. It is directed that the Applicant shall be released on bail on his furnishing a personal bond
for a sum of Rs.20,000/- with one surety of the like sum to the satisfaction of the concerned Trial Court for his appearance as and when directed.