Ashish Chidipal v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6114 of 2015 Ashish Chidipal S/o Mahesh Chidipal Aged About 40 Years (Wrongly Mentioned 33 Years In The Order Sheet) R/o Sadar Bazar, Raigarh, P.S. City Kotwali, Civil & Rev. Distt. Raigarh, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Chakradhar Nagar, Raigarh, Chhattisgarh.

---- Respondent For applicant - Shri Awadh Tripathi, Advocate. For Respondent/State - Shri Anil S. Pandey, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 18/11/2015 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 280/2011 registered in Police Station Chakradhar Nagar, Raigarh (C.G.) for offence punishable under Section 420, 467, 468, 471, 120B of IPC.

2.

As per the prosecution case sale deed was executed in favour of the complainant Sanjeev Sarawagi in the year 2007 by the applicant and complainant is the brother-in-law of the applicant. Thereafter, Sanjeev Sarawagi had given land admeasuring 5.512 hectare to the applicant for mutation in the revenue records. Subsequently, it came to the notice that applicant has falsely personified himself as Sanjeev Sarawagi and sold the land to one Ashwariya Residency on 9/04/2010 and therefore FIR was registered and the matter was investigated.

3.

Learned counsel for the applicant submits that charge sheet in this case has been filed and according to the expert hand writing report the alleged sale deed of 9/04/2010 do not contain signature of either applicant or Sanjeev Sarawagi and therefore he submits that applicant has been falsely implicated in this case and the charge sheet having been filed, he may be enlarged on bail.

4.

Learned State counsel opposes the prayer for grant of bail and submits that applicant was absconding for last 4 years. 5.

Having regard to the fact and the nature of allegation, charge sheet having been filed and the offence appears to be in documentary nature which are already been seized and considering the detention of the applicant from 11/06/2015, this court is inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri