Gokul Ram Vatti v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR (Proceedings through Video Conferencing) MCRC No. 1240 of 2021 • Gokul Ram Vatti, S/o Kosaram Vatti, Aged About 40 Years, R/o Village Chitalur, School Para Police Station City Kotwali, Dantewada, District- Dandewada, Chhattisgarh as per Challan, District :

Dantewada, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh, Through- Station House Officer Police Station Dantewada, District- Dandewada, Chhattisgarh. ---- Non-Applicant For Applicant : Mrs. Indira Tripathi, Advocate For Non-Applicant/State : Mr. Adil Minhaj, G.A. Hon'ble Justice Shri Gautam Chourdiya Order on Board 16.06.2021

1) The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since 24.11.2020 in connection with Crime No.63/2020 registered at Police Station- Dantewada, DistrictDantewada (C.G.) for the offence punishable under Section 420, 467, 468, 471 of IPC.

2) Case of the prosecution, in brief, is that the applicant produced forged mark-sheet for the post of Constable and fraudulently obtained government service in Police Department.

3) Learned counsel for the applicant submits that the applicant

has been falsely implicated in the crime in question, he further submits that charge-sheet has already been filed, the applicant is 40 years old and is in jail since 24.11.2020. the applicant has no criminal antecedents, there is no likelihood of the applicant tampering with the prosecution evidence or absconding and due to COVID-19 trial is likely to take some time for its final disposal. Therefore, the applicant be released on bail by this Court.

4) On the other hand, learned counsel for the NonApplicant/State opposes the bail application and submits that the applicant has no criminal antecedents.

5) Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the detention period of the applicant, who is 40 years old and the fact that the applicant charge-sheet has already been filed and the applicant has no criminal antecedents, there is no likelihood of the applicant tampering with the prosecution evidence or absconding as admitted by both the counsels and due to COVID-19 conclusion of trial may take some time, without commenting anything on merits of the case, the application is allowed.

6) It is directed that in the event of the applicant executing a personal bond for a sum of Rs.2,00,000/- with two sureties of Rs. 1,00,000/- each to the satisfaction of the concerned trial Court, he shall be released on bail, on following conditions :- (i) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court,

(ii) he shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial, (iv) he shall strictly follow the COVID-19 protocol issued by the Central Government/State Government/Local Authority, (v) he shall not involve himself in any offence of similar nature in future.

Let a copy of this order be forwarded to the concerned police station forthwith who shall inform the trial Court in the event of applicant involving himself in similar offence in future.

Sd/- (Gautam Chourdiya) Judge Nadim