Sunil Kurre v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1957 of 2020 • Sunil Kurre S/o Shri Kashi Prasad Kurre, aged about 42 years, R/o Talapara, Bilaspur, Tahsil and District Bilaspur (C.G.) ---- Petitioner
Versus
• State Of Chhattisgarh Through- Station House OfÏcer, Police Station Gol Bazar, Raipur, District Raipur (C.G.). ---- Respondent For Applicant :
Shri Ishan Sharma, Advocate For Respondent :
Shri Ayaz Naved, G.A.
Hon'ble Smt Justice Rajani Dubey Order on Board 11/06/2020 1.
The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime No.75/2017, registered at Police Station - Gol Bazar, Raipur, District Raipur (C.G.) for the offence punishable under Sections 420, 467, 468 and 471 IPC.
2.
The allegation against the present applicant is that he submitted forged and fabricated documents for being appointed on the post of Librarian in the Jila Panchayat, Raipur. Based on this, the offence has been registered. The present applicant is in custody since 02.03.2020. 3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that a false seizure memo has been prepared
by the police in order to rope the applicant in the criminal case. He also submits that other co-accused persons have already been granted anticipatory bail as well as regular bail by this Hon'ble Court in MCRC(A) Nos.605/2017, 323/2017, 324/2017, 339/2017, 350/2017 and MCRC Nos.2555/2017, 3876/2017, 3875/2017, 3874/2017, 3878/2017, 4589/2017, 2825/2017, 6968/2017, 104/2018, 110/2018 and 124/2018. It is next submitted that the present applicant is in custody since 02.03.2020 and there is no likelihood of his case being decided in near future. Therefore, he may also be released on bail.
4.
On the other hand, learned counsel for the State opposed the bail application.
5.
I have heard learned counsel for the parties and perused record.
6.
Considering the totality of the facts and circumstances of the case, nature of offence and further considering the fact that other co-accused persons have already been granted bail by this Court, the present applicant is in custody since 02.03.2020 and the disposal of case may take some time, I am of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail. 7.
Accordingly, the application is allowed. The applicant is ordered to be released on bail on his executing a personal bond for a sum of Rs.25,000/- 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 till
the disposal of the trial.
8.
It is made clear that if the applicant has already been released on bail pursuant to the bail bonds already furnished in view of the order passed by the High Power Committee constituted in compliance of the order of the Supreme Court of India dated 23.03.2020 in the matter of In Re : Contagion of COVID 19 Virus in Prisons (Suo Moto Writ Petition (c) No. 1/2020), he need not furnish bail bonds afresh and the bail bonds already furnished shall be deemed to be the bail bonds furnished in compliance of the order of this Court, but if he has not furnished the bail bonds earlier, then he will be required to furnish bail bonds within four weeks from today.
Certified copy, as per rules.
Sd/- (Rajani Dubey) Judge Pekde