Anjor Singh Jangde v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1502 of 2019 • Anjor Singh Jangde S/o Late Lakhanlal Jangde Aged About 27 Years R/o Village- Janjgiri, Police Station- Anda, Tahsil and District- Durg, Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer- Police Station- Anda, District- Durg, Chhattisgarh.

---- Respondent __________________________________________________________________ For Applicant : Ms. Meena Shastri , Advocate.

For Respondent/State : Shri K.K. Dewangan, Dy. G.A.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 18/03/2019

1. The Applicant has preferred first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 73/2018, registered at Police Station - Anda, District- Durg, (C.G.) for the offence punishable under Sections 306, 120-B, 420, 467, 468 , 471 of the IPC.

2. In this case there are total 12 accused persons. Deceased Sanju Banjare committed suicide on 30.07.2018. As per the prosecution story, the deceased owned some land at Village Pauvara. Allegedly, the present Applicant and other co-accused persons made criminal conspiracy and on 14.11.2017, firstly, land of the deceased was purchased by G. Shrinu in Rs. 17,00,000/- and the amount of consideration was kept by co-accused Nirbhay Jain. It has been further alleged that thereafter all the accused persons forced the deceased to prepare forged documents of his land and that land was again sold to one Rajesh and Anita Tiwari. Allegedly, Nirbhay Jain was involved in the business of money-laundering and he, for getting his money back from the deceased, sold the above land through

deceased to Rajesh and Anita. Due to harassment met by the accused persons, the deceased committed suicide. Allegations against the present Applicant is that, he introduced the deceased with Nirbhay Jain and Sanjay Soni, other co-accused person and also obtained some amount as commission. On the basis of the said background, offence has been registered and Applicant has been taken into custody on 30.09.2018.

3. Learned Counsel appearing on behalf of the Applicant submits that the Applicant is innocent and has been falsely implicated in the case. He further submits that, on the basis of evidence collected by the prosecution, prima facie, no any offence can be made out against the present Applicant. He further submits that other co-accused persons namely Suraj Sahu, Bhuneshwar Prasad, Rakesh Vaishnav and Sanju Sahu have already been granted bail by this Court vide order dated 08.03.2019 passed in MCRC No. 1026/19, MCRC No. 1113/19, MCRC No. 1086/13 & MCRC No. 950/19 respectively. Co-accused Harendra Rai and Nirbhay Jain have also been granted anticipatory bail vide order dated 22.01.2019 passed in MCRCA No. 16/2019 & 01.03.2019 passed in MCRCA No. 246/2019 respectively. Chargesheet has been filed, Applicant is in custody since 30.09.2018 and trial is likely to take some time. Therefore, he may be released on bail.

4. Per contra, learned counsel appearing on behalf of the State opposes the bail application.

5. I have heard learned Counsel for the parties.

6. Considering the facts and circumstances of the case, the evidence collected by the prosecution and further considering the fact that the Applicant is in custody since 30.09.2018 and trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail.

7. Accordingly, the bail application is allowed.

8. It is directed that the Applicant shall be released on bail on executing a

personal bond for a sum of Rs. 20,000/- with one solvent surety for the like amount to the satisfaction of the concerned Trial Court for his appearance before the said Court as and when directed. Sd/- (Arvind Singh Chandel) Judge Prakash