Shivbalak Patil v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 1548 of 2018 Shivbalak Patil S/o Bhodulal, Aged About 65 Years, R/o- Rajbahar Patiyadand, Police Station- Bhaiyathan, District- Surajpur, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through- Station House Officer, Police StationBhatgaon, District- Surajpur, Chhattisgarh. ---- Respondent For Applicant : Mr. Rahul Mishra, Advocate For State/respondent : Mr. Anupam Dubey, Dy. G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 08/05/2018 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.146/2017, registered at Police Station - Bhatgaon, District - Surajpur (C.G.), for the offence punishable under Section 419, 420, 468, 471 of the Indian Penal Code.

2.

It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this. Applicant is in jail since 03.08.2017. Charge-sheet in this case has been filed after completion of investigation and the trial is likely to take sometime for its conclusion, hence it is prayed that the applicant may be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submission made in this respect. It is submitted that there is sufficient evidence and on that basis he is not entitled for

grant of bail.

4.

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

5.

As per the prosecution case, this applicant impersonated as Ramdas, S/o. Nandlal by filing forged documents of his qualification and identification and procured job in SECL on 25.07.1981. Presently, the applicant has retired from the service of SECL. Complaint was filed by the Ramdas and on that basis FIR has been registered and investigation has been done.

6.

Considered on the submissions made and the contents of the case diary. Considered all the material present in the case diary as at this stage, the applicant is not taking the benefit of impersonation as he has already taken that benefit, case is triable by Judicial Magistrate First Class and the trial is still pending, hence for this reason, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram