Jamuna Prasad Jangde v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 363 of 2018 Jamuna Prasad Jangde, S/o Late Shri Sonuram Jangde, Aged about 50 years, R/o Village and Post Murmunda, Police Station - Nandani, Ahiwara, Tahsil Dhamdha, District Durg (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through : Station House Officer, Police Station Kotwali, Durg, District Durg (C.G.) ---- Non-applicant For Applicant :

Mr. B.P. Singh, Advocate.

For Non-applicant/State :

Mr. Gary Mukhopadhyaya, G.A.

For Complainant :

None appears despite service of notice.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 09/04/18 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.925/2017 registered at Police Station Kotwali, Durg District Durg (C.G.) for the offence punishable under Section 420/34 of the Indian Penal Code.

3.

Case of the prosecution, in brief, is that the applicant got released himself on bail by furnishing a surety of one Sandeep Khobragadhe on the basis of fake rin-pustika which is fraud and thereby committed the aforesaid offence.

4.

Learned counsel for the applicant would submit that the applicant has

not committed any offence and has been falsely implicated in crime in question. He is in jail since 13-12-2017, therefore, he may be released on regular bail.

5.

On the other hand, learned counsel for the State would oppose the bail application.

6.

I have heard learned counsel appearing for the parties and perused the case diary.

7.

Taking into consideration the facts and circumstances of the case, further taking into consideration the nature and gravity of the offence, role of the applicant and the fact that the applicant is in custody since 13-12-2017, this Court is of the opinion that present is a fit case in which the applicant should be enlarged on regular bail.

8.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance as and when directed.

Sd/- (Sanjay K. Agrawal) Judge Kvr