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High Court Of ChhattisgarhMCRC/2212/2020allowed

Kamlakant Dani v. State Of Chhattisgarh

2020-04-27Hon'Ble Shri Justice Prashant Kumar Mishra3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2212 of 2020

1. Kamlakant Dani S/o Late Chiranjeev Prasad Dani Aged About 55 Years R/o Sonu Muda, Bajrang Para, Raigarh, District Raigarh Chhattisgarh.

---- Applicant

Versus

1. State Of Chhattisgarh Through Incharge, Police Station Gharghoda, District Raigarh Chhattisgarh.

---- Respondent MCRC No. 1729 of 2020

1. Tirthraj Jhariya S/o Late Chiranjiv Prasad Aged About 33 Years R/o Village Baraud, Police Station And Tahsil Gharghoda, District Raigarh Chhattisgarh.

---- Applicant

Versus

1. State Of Chhattisgarh Through Station House Officer, Police Station Gharghoda, District Raigarh Chhattisgarh. ---- Respondent For Applicant in M.Cr.C.No.2212 of 2020 Mr. Vivek Mishra, Advocate For Applicant in M.Cr.C.No.1729 of 2020 Mr. Amit Kumar, Advocate For Respondent /State Mr. Vivek Ranjan Tiwari, Addl.

Advocate General Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board

27/4/2020

1. Since both the bail applications are arising out of same crime number, they are being considered and decided by this common order.

2. These are the applications filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants, who have been arrested in connection with Crime No.23/2020, registered at Police Station Gharghoda, District Raigarh (CG) for the offence punishable under Sections 419, 420, 468, 471, 120-B & 306 of the Indian Penal Code.

3. Case of the prosecution, in brief, is that the applicants have sold land belonging to their brother namely; Premshankar (since deceased) in the year 2010 as a result of which he committed suicide about three years back.

4. Learned counsel for the applicants would submit that the applicants are innocent and have been falsely implicated in the crime in question.

5. Learned counsel appearing for the State would oppose the bail applications.

6. Considering the fact that the applicants are in jail since 15-2-2020, I am of the opinion that present is a fit case to release the applicants on regular bail.

7. Accordingly, the bail applications M.Cr.C.No.2212 of 2020 & M.Cr.C.No.1729 of 2020 are allowed and the applicants are directed to be released on bail on each of them executing personal bond for a sum of Rs.50,000/-

with one surety in the like amount to the satisfaction of the concerned on duty remand Magistrate. The applicants are directed to appear before the trial Court on each and every date given by the said Court.

8. Consequently, I.A.No.1 in M.Cr.C.No.2212 of 2020 stands disposed of.

9. Certified copy as per rules.

Sd/- (Prashant Kumar Mishra) Judge Gowri