Goverdhan Lal Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1616 of 2019 • Goverdhan Lal Sahu S/o Late Jhumuklal Sahu Aged About 52 Years R/o Village Motipur, P. S. Kumhari, Tahsil And District Durg Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Gol Bazar, District Raipur Chhattisgarh ---- Respondent __________________________________________________________________ For Applicant : Mr. BL Sahu, Advocate.

For Respondent/State : Mr. DP Singh, Dy. A.G.

Hon'ble Shri Justice Arvind Singh Chandel Order On Board 10/05/2019

1. The applicant has preferred this first bail application under Section 439 of Cr.P.C. for grant of regular bail as he is arrested in connection with crime No. 39/2019, registered at Police Station - Gole Bazar, District- Raipur (C.G.) for the offence punishable under Section 420 of the IPC.

2. As per the prosecution story, The applicant at the relevant time was a peon at Tehsil Office, Raipur (C.G.). Allegation against him is that between 26.09.2018 to 18.02.2019, he has issued 26 forged birth certificates for earning illegal money from various persons. It is further alleged that he was illegally put the seal and signature of Nayab Tehsildar namely Anul Patel and when the Nayab Tehsildar came to know this fact he made a report in police station. On the basis of said report, offence has been registered and the applicant has been taken in custody on 20.02.2019.

3. Learned Counsel appearing on behalf of the applicant submits that the

applicant is innocent and has been falsely implicated in the case due to some dispute with Nayab Tehsildar. He further submits that there in nothing on record on the basis of which prima facie any offence can be made out against the applicant. The applicant is in custody since 20.02.2019 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 and perused the case diary with due care.

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 20.02.2019 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 Trial Court for his appearance before the said Court as and when directed.

Sd/- (Arvind Singh Chandel) Judge Shubham