Vishnu Ram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

of 201 Vishnu Ram, aged 50 years, son of late Shri Ghasiya Ram, Caste Jain, resident of Pujaripara Antagarh, Police Station & Tahsil Antagarh, District Kanker (C.G.) ---- Applicant

Versus

State Of Chhattisgarh: Through the P.S. Tadoki, Kanker, District Kanker (C.G.) -----Non-applicant For Applicant:

Mr. Ritesh Verma, Advocate.

For Non-applicant/State:Mr. Adhiraj Surana, Dy. Govt. Advocate. Hon'ble Shri Justice Sanjay K. Agrawal Order on Board /0 3 /201 (1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 19/2015 registered at Police Station Tadoki, Kanker (C.G.) for the offences punishable under Sections 420, 467, 468, 471, 120-B/34 of Indian Penal Code and Section 3(1)(iv) & 3(2)(v) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act,.

(2) Case of the prosecution, in brief, is that applicant and two co-accused persons obtained title deed of complainant Sonu Ram Markam and got loan sanctioned and purchased the tractor and found in possession of the said tractor and thereby committed the aforesaid offences.

(3) Counsel for the applicant submits that applicant has been falsely implicated in the offence in question as he has not committed any offence. He further submits that similarly situated co-accused Ude Singh has already been enlarged on bail by this Court in M.Cr.C. No.1054/2016 decided on 11.03.2016; applicant is in jail since 14.10.2015; charge sheet has already been filed and, therefore, the applicant may also be released on bail on the ground of parity.

(4) On the other hand, learned counsel for the State, after verifying the records, would submit that present case is similar to that of accused person, who has already been granted regular bail by this Court vide order dated 11.03.2016 passed in M.Cr.C. No. 1054/2016.

(5) Considering the totality of the facts, in particular the fact that co-accused person has already been granted regular bail by this Court vide order dated 11.03.2016 passed in M.Cr.C. No. 1054/2016; this court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

(6) Accused/applicant - Vishnu Ram is directed to be released on bail on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

Sd/- (Sanjay K. Agrawal) Judge