Ramphal Lanjhi, v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2310 of 2020 Ramphal Lanjhi, S/o Shri Sahsram Lanjhi, Aged about 56 years, R/o village Badhikunda, Thana Pipriya, District Kabirdham (CG) ---- Applicant

Versus

• State of Chhattisgarh, Through - SHO, PS- Kabirdham, District Kabirdham (CG) ---- Respondent For Applicant : Mr. Somkant Verma, Advocate.

For Respondent/State : Mr. Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 18.06.2020 • The accused/applicant has moved his first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 350/2019 registered at Police Station - Kabirdham, District Kabirdham (C.G.) for the offence punishable under Sections 420, 409, 467, 468, 120(B) and 34 of IPC.

• According to the prosecution story, on 30.07.2019, Mr. Panna Lal Dhruway who was working as Chief Executive Officer of Janpad Panchayat, Kawardha moved an application/complaint against Sarpanch and Secretary of Gram Panchayat- Sukhatal, that Sarpanch namely Smt. Puniya Bai Verma and Secretary present applicant, misused the Government fund and manipulate documents. • Learned counsel for the applicant submits that the applicant is not committed any offence, there are no such documents against the present applicant to show, that the applicant manipulated documents. He next contended that the applicant is in jail since 12.03.2020, therefore, he may be granted bail.

• On the other hand, counsel for the State opposes the bail application. • I have heard learned Counsel for the parties. • Taking into consideration the nature and gravity of the offence, facts

and circumstances of the case, detention period of the applicant, as trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail. • Accordingly, the bail application is allowed. • It is directed that the applicant shall be released on bail on executing a personal bond for a sum of Rs. 50,000/-, with one local surety for the like amount to the satisfaction of the Trial Court for their appearance before the said Court as and when directed.

• 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.

Sd/- (Rajani Dubey) Judge Vasant