Rajkapur Chandrakar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.

Cr.C.

No.

of 202 Rajkapur Chandrakar S/o Late Aghnu Chandrakar, Aged About 45 Years, R/o Village and Post -Bharre, Tehsil and District -Rajnandgaon, (CG). ---- Applicant

Versus

State of Chhattisgarh Through Officer District Magistrate, Durg, (CG). --- Respondents For Applicant : Mr. Shalvik Tiwari, Advocate.

For Respondent/State : Mr. Chandresh Shrivastava, Dy. AG.

Hon'ble Shri Parth Prateem Sahu, J Order on Board 01/03/2021 Heard.

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to applicant, who has been arrested in connection with Crime No.189/2020, registered at Police Station -Durg, (C.G), for the offence under Sections 420, 467, 468 & 471 of the Indian Penal Code.

2. Learned counsel for the applicant submits that allegation against present applicant is that he has produced copy of 'Rin Pustika' wherein there is insertion of other pages, out of which, page numbers of some are in Hindi & some in English numerical. Applicant is a poor person, he has not committed any offence as alleged against him. He is in jail since 15.10.2020, hence, he may be released on bail.

3. Learned counsel for the State opposes the submission made by learned counsel for the applicant and submits that offence committed by applicant is of grievous nature. He manipulated with the 'Rin Pustika' before producing it before the Court for furnishing surety. FIR has been registered in view of directions issued by this Court in CRMP No.62/2018. He further submits that in several pages the numerical mentioned are in

Hindi & English. Applicant has appeared as surety in number of cases before the Court below. He is in habit of taking surety of accused persons. Hence, he is not entitled for grant of bail.

4. Heard learned counsel for both the parties.

5. Considering the entire facts and circumstances of the case, nature of allegations, the fact that applicant is in jail since 15.10.2020 and offence is triable by Magistrate, without commenting anything on merits of the case, I am inclined to allow bail application of applicant.

6. Accordingly, bail application is allowed. It is directed that applicant shall be released on regular bail, on his furnishing bail bond in sum of Rs.10,000/- with one surety in the like sum to the satisfaction of the Court on the conditions thata) He shall appear before the Trial Court regularly on each and every date, unless exempted from appearance.

b) He shall not, in any manner, tamper with the prosecution witnesses. c) If he is found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail.

Certified copy as per rules.

Sd/- (Parth Prateem Sahu) Judge Jamal/-