Surendra Kumar Borker v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8035 of 2019 • Jayram Verma S/o Shri Shri Ram Verma Aged About 43 Years Caste Lodhi, R/o Village Ghoghedhabri, Post Chichola, Thana And Tahsil Khairagarh, District Rajnandgaon, Chhattisgarh. ---- Applicant

Versus

• The State Of Chhattisgarh, Through : Police Station Dongargarh, District Rajnandgaon, Chhattisgarh. ---- Respondent MCRC No. 1086 of 2020 • Surendra Kumar Borker S/o Late Shri Bhaiyalal Borker Aged About 59 Years By Caste Mahar, R/o Shanker Nagar, Goura Chowk, Ward No. 11, District Durg, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through : Police Station Dongargarh District Rajnandgaon, Chhattisgarh.

---- Respondent For Applicants :

Mr. Parag Kotecha, Adv.

in both MCRCs.

For Respondent/State :

Mr. Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 02/03/2020

1. As both MCRCs arise out of same crime number, they are being heard and disposed of by this common order.

2. The accused/applicants have moved these first bail applications under Section 439 of Criminal Procedure Code for releasing them on regular bail during trial in connection with Crime No. 513/2019 registered at Police Station - Dongargarh, District-Rajnandgaon (C.G.) for the offence punishable under Sections 420, 467, 468, 471/34 and 120-B of the IPC.

3. It is alleged that the applicant Surendra Kumar Borker,

Jayram Verma and other co-accused persons involved in a criminal conspiracy for granting Kisan Credit Card Loan to the villagers without verifying the actual property and when the present manager sent the notice to the beneficiary for repayment of loan, it is come to know that the loan amount of Rs. 1,00,000/- has been passed and Rs. 90,000/- was withdrawal on the basis of forged documents signed by the applicant Jayram Verma instead of Chain Singh. Based on this offence has been registered against the present applicants.

4. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. He further submits that charge-sheet has been filed and the applicant Jayram Verma is in jail since 13.11.2019 and the applicant Surendra Kumar Borker is in jail since 24.12.2019, there is no likelihood of their case being decided in near future, therefore, the present appellants may be released on bail.

5. On the other hand, counsel for the State opposes the bail application submitting that the applicants did a very heinous crime, the present applicants along with another person involved in a criminal conspiracy and on the basis of forged documents and forged signature obtained loan from the bank, so, it is not a fit case to release them on bail.

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

7. Considering the facts and circumstances of the case, especially nature and gravity of crime in question, at this stage, I am not inclined to release them on bail.

8. Accordingly, their applications filed under Section 439 of the Code of Criminal Procedure is rejected.

Sd/- (Rajani Dubey) Judge H.L. Sahu