Sunil Kurre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C (A). No. 225 of 2018 • Sunil Kurre S/o Shri K.P. Kurre Aged About 39 Years R/oTalapara, Bilaspur, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, P.S. Gole Bazar District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh.

---- Respondent For the applicant : Shri Mateen Siddiqui Advocate For the Respondent/State :

Shri Anant Bajpai, PL.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 27.04.2018.

1. Apprehending arrest in connection with Crime No.71/2017 registered at Police Station- Gole Bazar, District -Raipur, (C.G.), for offence punishable under Sections 420, 468, 471 of the Indian Penal Code, the applicant has preferred this application for grant of anticipatory bail.

2. It is submitted that the applicant has been falsely implicated in this case. On the basis of material present in the investigation, no case is made out against the present applicant. This applicant has been made an accused only on

the basis of memorandum statement given by the co-accused person, which is not legally admissible, hence, it is prayed that this applicant may be extended the benefit of anticipatory bail.

3. Learned counsel for the State opposes the application and the submission made in this respect

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

5. According to the prosecution case, an advertisement for various posts was published by Zila Panchayat, Raipur. One co-accused - (Laxmi Parikha) has applied for the post of Librarian and got the job in the year 2013. It is alleged that the mark-sheet that produced regarding the qualification of B.Lib and ISc was found forged and fake on verification. On the basis of memorandum statement given by the co-accused this applicant has been arrayed as accused in this case. Hence, the FIR was lodged.

6. Considering the submission made, contents of the case diary and also considering this fact that in similar matters some of the co-accused persons have been benefited with grant of anticipatory bail by this Court, hence, I am of the view that the present applicant is also entitled for grant of anticipatory bail.

7. Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail by the officer arresting him on executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the

satisfaction of the concerned trial Court. The applicant shall also abide by the following conditions :

(i) that the applicant shall make himself available for interrogation before the investigating officer as and when required; (ii) that the applicant 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/her from disclosing such facts to the Court or to any police officer; (iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

Sd /- (Rajendra Chandra Singh Samant) Judge Jamal