Pitamber Yadav And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 984 of 2020 • Pitamber Yadav, S/o Jugeshwar Yadav Aged About 35 Years Caste - Mahakul, R/o Village - Chhatasarai Thana - Bagbahar, District - Jashpur Chhattisgarh.

• Gangaram Yadav S/o Trilochan Yadav Aged About 42 Years Caste - Mahakul , R/o Village - Khamtarai Kukricholi Thana - Bagbahar, District - Jashpur Chhattisgarh.

• Janakram Yadav S/o Korno Yadav Aged About 43 Years Caste - Mahakul R/o Village - Mathpahad Thana - Bagbahar, District - Jashpur Chhattisgarh.

---- Applicants

Versus

• State Of Chhattisgarh Through Police Thana - Bagbahar, District - Jashpur Chhattisgarh.

---- Respondent For Applicants : Ms.Sharmila Singhai, Advocate For Respondent/State : Ms.Akshara Amit. PL Hon'ble Smt. Justice Rajani Dubey Order On Board 05/03/2020 The applicants have filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No.139/2019 registered at police station Bagbahar, District Jashpur (CG) for the offence punishable under Sections 420, 467, 468, 471, 120(B), 34 IPC.

As per prosecution case, a loan of Rs. 3,10,000/- has been sanction in favour of the complainant by the Bank in connivance with other co-accused persons in the year 2013-14. It is alleged that the applicant has demanded the ration card, voter ID and photograph of the complainant for obtaining Rs. 20,000/- and thereafter by producing forged document of the land, with the help of the bank manager obtained Rs. 3,10,000/- and divided into equal parts between four accused persons. It is the case of the prosecution that the complainant came to know about the incident only when he was issued notice for recovery of the debts.

Counsel for the applicants submits that the applicants have been falsely implicated in the crime. It is further submitted that similarly placed co-accused have been granted bail by this Court vide order dated 28.01.2020 in M.Cr.C. No. 8058/2019 and therefore, the present applicants may also be granted similar benefit. It is submitted that the applicants are in jail since 04.10.2019; the charge sheet has been filed and looking to the conduct of the prosecution, it is clear that the trial will take time for its conclusion and therefore they may be released on bail.

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 applicants, I am inclined to release them on regular bail. Accordingly, their application filed under Section 439 of the Code of Criminal Procedure is allowed.

It is directed that in the event of the applicants' furnishing a personal bond in the sum of Rs.50,000/- each with one surety for the like sum to the satisfaction of the concerned Court, they shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna