T.K.Bhaskar v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4688 of 2016 T.K.Bhaskar, S/o. T.K. Ratnam, Aged About 50 Years, Caste - Vaishnav, R/o. Kunkuri (Dugdugiya), Police Station Kunkuri, District Jashpur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through : Station House Officer, Police Of Police Station Tapkara, District - Jashpur, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Anil Gulati, Advocate For Respondent :

Mr. Anil S. Pandey, Govt. Advocate.

--------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 19.08.2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.42/2014 registered at Police Station- Tapkara, District Jashpur (C.G.) for the offence punishable under Sections 409, 420, 467, 468, 470, 471, 120-B r/w Section 34 of Indian Penal Code.

2.

Case of the prosecution, in brief, is that one Chunu Ram Chouhan being an Advocate filed an application for partition of the land on behalf of Bodhan Ram under Section 178(A) of the C.G. Land Revenue Code, thereafter, the name of the present applicant T.K.Bhaskar, Prasanna Kumar & Sunita was recorded. 3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated and the charge sheet in this case has been filed. He further submits that the other co-accused has been enlarged on bail by the co-ordinate Bench of this Court on

24.11.2014 in M.Cr.C. No.5135 of 2014 and the case of the present applicant is similar to that case, therefore, he may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail, however, he do not dispute the fact that the similarly placed co-accused has been enlarged on bail by the co-ordinate Bench of this Court.

5.

Perused the case diary and the documents. Considering the facts and circumstances of the case and the fact that the similarly placed co-accused has been enlarged on bail by the co-ordinate Bench, I am inclined to release the applicant on bail. 6.

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

7.

It is directed that the 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. Sd/- (Goutam Bhaduri) Judge Ashok