Tarun Patil v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1196 of 2020 • Tarun Patil S/o Nanhu Ram Patil Aged About 38 Years R/o Village Rakhi, Post - Tarra, Tahsil - Patan, District - Durg, Chhattisgarh. ---- Applicant
Versus
• State Of Chhattisgarh Through The Station House Officer, Police Station - Durg, District - Durg, C.G.
---- Respondent For Applicant.
:
Mr. Rudranath Mukharjee on behalf of Mr. G.V.K. Rao Advocate.
For Respondent/State :
Mr. Sunil Otwani, Addl. A.G.
Hon'ble Smt. Justice Rajani Dubey Order on Board 02.06.2020
1. The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with Crime No. 633/2012 registered at Police Station : Durg, District Durg (C.G.) for the offence punishable under Sections 420, 467, 468, 471 & 120-B of the IPC.
2. The prosecution story in brief is that, one Vedprakash Gupta has allegedly produced one Smt. Vimla Bai @ Ukha Bai Dewangan in place of real owner of the property namely Smt. Urkha Bai and sold the land bearing Khasra No. 383 and 389 area 0.32 hectare and 0.20 hectares respectively situated at Village Sukhri, Tahsil Gunderdehi, District Durg. Based on that, offence has been registered against the applicant and he has been arrested.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He next submits that applicant is in jail since 02.11.2017 and he is ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this Hon'ble Court, therefore, he may be released on bail.
4. On the other hand, State counsel strongly opposes the bail application.
5. I have heard learned counsel for the parties and perused the record.
6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case and further considering that the applicant is in jail since 02.11.2017 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 surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court.
8. It is made clear that if the applicant has already been released on bail pursuant to the bail bonds already furnished in view of the order passed by the High Power Committee constituted in compliance of the order of the Supreme Court of India dated 23.03.2020 in the matter of in Re : Contagion
of COVID 19 Virus in Prisons (Suo Moto Writ Petition (c) No. 1/2020), he need not furnish bail bonds afresh and the bail bonds already furnished shall be deemed to be the bail bonds furnished in compliance of the order of this Court, but if he has not furnished the bail bonds earlier, then he will be required to furnish bail bonds within four weeks from today. Sd/- (Rajani Dubey) Judge Vijay Sahu