Harpreet Singh Bhatiya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1458 of 2020 • Harpreet Singh Bhatiya S/o Gurudayal Singh Bhatiya Aged About 39 Years R/o Anupam Nagar, Ward No. 19, Rajnandgaon, Police Station Basantpur, Tashil And District Rajnandgaon, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : The Station House OfÏcer Police Station Police Station Khairagarh, District Rajnandgaon, Chhattisgarh.

---- Respondent For Applicant :

Mr. Punit Ruparel, Adv.

For Respondent/State :

Mr. Anil Tripathi, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 06/03/2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 125/2017 registered at Police Station Khairagarh, DistrictRajnandgaon (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 34 of IPC.

2. The prosecution story, in brief is that, the complainant lodged covered note of his vehicle with this regard, he made an intimation and also made paper publication in the newspaper, whereas, one of the accused intimated that one Sardar is an agent of Insurance, thereafter due verification, the police were not able to trace the insurance paper of the vehicle and found the said paper forged which is prepared by the applicant. Based on this offence has been registered against the present applicant.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the main accused in similar nature of crime has already been granted anticipatory bail in MCRCA No. 1279/2018 so, the present applicant may also be granted benefit of bail. He next submits that the applicant is in jail since 07.02.2020, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

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

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering the facts that the other co-accused has already been granted anticipatory bail and the applicant is in jail since 07.02.2020, 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 local 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. Sd/- (Rajani Dubey) Judge H.L. Sahu