Rajkumar Meshram And ANR. v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2619 of 2018

1. Rajkumar Meshram And Anr. S/o Kachrudas Meshram Aged About 50 Years R/o- Shankar Nagar, Durg, Tahsil And District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Vinod Nishad S/o Ramkumar Nishad Aged About 32 Years R/oPiparjhedi, Tahsil- Pulgaon, District- Durg, Chhattisgarh., District : Durg, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh Through- District Magistrate, Durg, DistrictDurg, Chhattisgarh., District : Durg, Chhattisgarh ---- Respondent - _________________________________________________________ For Applicant :

Mr. Tarun Dansena, Advocate.

For Respondent :

Mr. Anupam Dubey, Dy. Govt. Advocate.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 17/05/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.864/2017, registered at Police Station- Durg, Kotwali, District- Durg(C.G.) for the offence punishable under Sections 420, 467, 468, 471, 474/34 of Indian Penal Code (for short 'IPC').

2. Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in this case. Applicants are in jail since 19.11.2017. The case is before the trial Court and the trial against them is still pending. Some of the co-accused persons in this

Page No.2 case have granted bail by this Court and the applicants also similarly placed in this case. Hence, it is prayed that they may be released on regular bail.

3. Learned State counsel opposes the bail application and submissions made in this respect. It is submitted that these applicants have actually engaged in the commission of offence. Hence, they are not entitled for grant of bail.

4. Heard both the parties and perused the case diary.

5. The complaint was made by Smt. Fini Khutel in Police-station Durg alleging that her husband Sanjay Dwivedi along with numerous other persons were engaged in furnishing bail bonds before the Courts on the basis of forged Rin Pustika's. After registration of offence, fake Rin Pustikas has been seized from the possession of both these applicants. Hence, this case.

6. As the case is presently under trial because of some of the co-accused persons have been granted bail regular and anticipatory by this Court. These applicants are also similarly placed and do not have any criminal antecedents. Hence, I am of this view that this is a fit case where the respective applications filed by the applicants are deserve to be allowed.

7. Accordingly, all the bail applications filed under Section 439 of Cr.P.C. are allowed. It is directed that both the applicants shall be released on bail on their furnishing a personal bond for a sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of the trial Court concerned, for their appearance as and when directed. Sd/- (Rajendra Chandra Singh Samant) Judge Nisha