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High Court Of ChhattisgarhMCRC/2305/2018allowed

Kawal Say Rajwade v. State Of Chhattisgarh

2018-05-09Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2305 of 2018 • Kawal Say Rajwade S/o Late Shri Shivnandan Rajwade, Aged About 46 Years, By Caste- Rajwar, R/o- Village- Kailashpur, Thana- Jaynagar, Tahsil And District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House Officer, Police StationJaynagar, District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh ---- Non-applicant For Applicant - Shri R.V. Rajwade, Advocate. For Non-applicant/State - Shri Aditya Sharma, Panel Lawyer. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 09-05-2018 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 25-10-2017 in connection with Crime No.182/2017 registered at Police Station Jaynagar, District- Surajpur, Chhattisgarh for the offence under Section 419, 420, 467, 468, 471, 409/34 of the IPC.

2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in jail since 25-10- 2017. Charge sheet has been filed after completion of the investigation and the trial against him is pending before the concerned Court. As the co-accused persons have been granted bail by this Court, hence, it is prayed that this applicant may also be granted regular bail.

3.

Learned counsel for the State/non-applicant opposes the application. 4.

Heard learned counsel for both the parties and perused the case diary. 5.

Complainant Hargovind has lodged the FIR against this applicant and

-2the co-accused persons that this applicant and the co-accused falsely represented that they are siblings of Deman Rajwade who was the person displaced in land acquisition for SECL and on the basis of entitlement obtained job in SECL by submission of forged papers. Hence, this case. 6.

As earlier, similarly placed co-accused persons namely Muneshwar, Ghuran Ram, Nemsay and Rukhmani have been granted regular bail by this Court, and for the reason that trial against this applicant is likely to take some time before its conclusion, I am of this view that this applicant should be released on bail during pendency of the trial against him. 7.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. 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 Court, for his appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil