Ali Meman v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 869 of 2020 • Ali Meman S/o Aadam Bhai Aged About 55 Years R/o VillageNunera, Police Station- Pali, District- Korba, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through- The Police Station Balconagar, Korba, District- Korba, Chhattisgarh. ---- Respondent For Applicant :

Mr. Rajat Agrawal, Adv.

For Respondent/State :

Mr. Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 20/03/2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 269/2007 registered at Police Station Balconagar, Korba, District-Korba (C.G.) for the offence punishable under Sections 420, 467, 468 and 471 of IPC.

2. The prosecution story, in brief is that, the applicant being an owner of transport company at District-Korba, C.G. is obliged to pay road tax as per the rules and regulations imposed by the State Government. In the year 2007, the applicant is under obligation to pay the road tax of vehicle Nos. CG. 12ZA-0137, CG.-12-ZA-0144, CG.-12-ZA-0151 and CG.-12-ZA0150 amounting of Rs. 2,45,600/-. The applicant duly obtained the signed in the memo, but not deposited the same in account of the Road Transport Department, Korba, C.G. Subsequently in the year 2007, there was a fire outburst in the ofÏce of R.T.O., Korba, C.G. and later on, after examine

the deposit receipt from the record room, it was found that the deposit receipt filed by the applicant is forged or bogus in nature. Based on this offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the applicant is in jail since 09.01.2020, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering the facts that the applicant is in jail since 09.01.2020, 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 applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge H.L. Sahu