Harpreet Singh Bhatiya v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 706 of 2020 • Harpreet Singh Bhatiya S/o Gurudayal Singh Bhatiya, Aged About 39 Years Caste Sikh, R/o. Anupam Nagar, Ward No. 19, Rajnandgaon, Police Station Basantpur, Tahsil And District Rajnandgaon, Chhattisgarh ---- Applicant
Versus
• State Of Chhattisgarh, Through : The Station House OfÏcer, Police Station Lalbag, District Rajnandgaon, Chhattisgarh. (Wrongly Mentioned As Collector In The Rejection Order), ---- Respondent With MCRC No. 1661 of 2020 • Vijay Chourasiya @ Banti S/o Shri Shivnandan Chourasiya, Aged About 34 Years R/o. Janta Colony Ward No. 31 Rajnandgaon, Tahsil And District Rajnandgaon, Chhattisgarh. ---- Applicant
Versus
• State Of Chhattisgarh, Through : Station House OfÏcer, Police Station Lalbag, Civil And Revenue District Rajnandgaon, Chhattisgarh.
---- Respondent For Applicants :
Mr. Punit Ruparel, Adv.
in MCRC No. 706/2020.
Mr. Sunil Sahu, Adv.
in MCRC No. 1661/2020.
For Respondent/State :
Mr. Anil Tripathi, PL.
Hon'ble Smt. Justice Rajani Dubey Order on Board 06/03/2020
1. As both MCRCs arise out of same crime number, they are being heard and disposed of by this common order.
2. The accused/applicants have moved these first bail applications under Section 439 of Criminal Procedure Code
for releasing them on regular bail during trial in connection with Crime No. 153/2017 registered at Police Station Lalbag, District-Rajnandgaon (C.G.) for the offence punishable under Sections 420, 467, 468 and 471 of IPC.
3. The prosecution story, in brief is that, on 22.02.2016 the complainant lodged a report that driver of truck bearing registration No. AP-23-Y-8850 was drive in negligent manner, dashed to Suresh sahu later who died. In which insurance certificate was seized. It is further alleged that the given registration and insurance papers are forged. During investigation is has come to know that the applicant Harpreet Singh Bhatiya prepared the forged insurance paper along with co-accused Sanjya Gupta and has purchased the vehicle from the Mohd. Azhar. In this case the applicant Vijay Chourasiya impersonated himself as Mohd. Ajhar. Based on this offence has been registered against the present applicants.
4. Learned counsels for the applicants submit that the applicants are innocent and have been falsely implicated in the crime in question. They further submit that the main accused has already granted anticipatory bail in MCRCA No. 1279/2018 so, the present applicants may also be granted benefit of bail. They next submit that the applicant Harpreet Singh Bhatiya is in jail since 13.01.2020 and the applicant Vijay Chourasiya is in jail since 06.02.2020, there is no likelihood of their case being decided in near future, therefore, the present applicants may be released on bail.
5. On the other hand, counsel for the State opposes the bail application.
6. I have heard learned counsel for the parties and perused the case diary.
7. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicants and further considering the facts that the other co-accused has already been granted anticipatory bail and the applicants are in jail since 13.01.2020 & 06.02.2020,
and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicants on bail. Accordingly, the applications are allowed.
8. Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 50,000/- each, with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court.
Sd/- (Rajani Dubey) Judge H.L. Sahu