Shivbhan v. Smt. Jagmotin Bai And ANR.
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1000 of 2020 • Shivbhan S/o Late Rampratap Aged About 50 Years R/o Village Singarbhata, Tahsil And District North Bastar Kanker Chhattisgarh.
---- Applicant
Versus
• Smt. Jagmotin Bai W/o Late Patiram Aged About 50 Years R/o Village Singar Bhata, Tahsil And District North Bastar Kanker Chhattisgarh.
• State Of Chhattisgarh Through The Station House Officer Kanker, District Kanker Chhattisgarh.
---- Respondents For Applicant : Shri Raza Ali, Advocate For Respondent No.1 : None present.
For Respondent No.2/State : Shri Samir Sharma, Dy.GA Hon'ble Smt. Justice Rajani Dubey Order On Board 28/02/2020 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Complaint Case No.01/2020 registered at police station Kanker (CG) for the offence punishable under Sections 420,468,471 and120-B IPC.
As per prosecution case, a complaint case has been filed by the respondent No.1 against the applicant before the CJM, Kanker alleging that under the land acquisition scheme, she will be paid compensation for the said land and fraudulently executed the sale
deed of her land in his name by obtaining her signatures. Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the applicant is in jail since 24.01.2020 and looking to the conduct of the prosecution, it is clear that the trial will take time for its conclusion. On the other hand counsel for the State opposes the bail application.
Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 50,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.
Sd/- (Rajani Dubey) Judge suguna