Krishna Patel @ Kamal v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 656 of 2018 Krishna Patel @ Kamal S/o Shri Kushal Patel Aged About 36 Years R/o Village Motesara, Police Station Bemetara, Civil And Revenue District Bemetara Chhattisgarh, District : Bemetara, Chhattisgarh --- Petitioner

Versus

State of Chhattisgarh through the Station House Officer, Police Station Than Khamhariya, Civil & Revenue District Bemetara Chhattisgarh, District : Bilaspur, Chhattisgarh --- Respondent For the applicant :

Mr. Parasmani Shriwas, Advocate.

For the Respondent :

Mr. Suryakant Mishra, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board .03.2018

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No.65/2017 registered at Police Station Than Khamhariya Civil & Revenue District Bemetara (C.G) for the offences punishable under Sections 420, 467, 468, 471/34 of IPC.

2. As per the prosecution case, a complaint was lodged by one Ravi Shankar Singh on 12.04.2017 that he came into contact with one Bhawarlal who was dealing in sale of land and he disclosed availability of certain land in village Barga. Thereafter they met one Vijendra Sharma who was actually Yuvraj Singh. Thereafter, Yuvraj Singh impersonated as Vijendra Sharma and the sale deed was executed on 15.12.2015. The allegation against the present applicant Krishna Patel is that he and other persons were present during such transaction, thereby the offence has been committed.

3. Learned counsel for the applicant submits that similarly situated persons have been enlarged on bail on 27.4.2017 and the complainant has been examined wherein no allegations have been attributed to Krishna Patel, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application.

5. Perused the case diary and the statement of victim Ravi Shankar.

6. Considering the statement of Ravi Shankar as also the fact that the applicant is in jail since 27.04.2017, without any further observation on merits of the case I am inclined to allow this bail application.

7. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o