Motiram Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6915 of 2015 • Motiram Verma S/o Joedharam Verma, Aged About 28 Years R/o Village Palandur, P.S.- Dongargarh, Civil & Revenue District- Rajnandgaon, Chhattisgarh --- Petitioner

Versus

• State of Chhattisgarh Through P.S. Dongargarh, DistrictRajnandgaon, Chhattisgarh --- Respondent For the applicant :

Mr. Keshav Dewangan, Advocate For the Respondent :

Mr. SRJ Jaiswal, Panel Lawyer.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 14.12.2015

1. This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 274/2014 registered at P.S. Dongargarh, Distt. Rajnandgaon (C.G) for the offence punishable under Sections 498-A, 489-B, 489-C, 489-D read with Section 34 of IPC.

2. Case of prosecution, in brief, is that the applicant alongwith other co-accused Rohit, Chandrashekhar, Manish Das and Deepak Sahu used to circulate the fake currency notes in the market and therefore they were apprehended.

3. Learned counsel for the applicant submits that the bail applications of other co-accused Chandra Shekhar and Deepak Sahu have been allowed by the co-ordinate Bench of this Court and the case of this applicant falls similar to the case of other co-accused who have been enlarged on bail. He further submits that seizure witnesses namely Sanju Yadav (PW2) and Brijesh (PW3) have turned hostile and they

have not supported the case of prosecution, therefore, the seizure of currency notes from the applicants is not corroborated.

4. On the other hand, learned State Counsel opposes the bail. However, he do not dispute that the case of this applicant falls similar to that co-accused Chandra Shekhar and Depak Sahu who have been granted bail by the coordinate Bench of this Court in MCRC Nos. 3863 and 5800 of 2015.

5. Having regard to the fact that similarly placed co-accused have been enlarged on bail by the coordinate Bench of this Court and looking to the period of detention of this applicant as he is stated to be in jail since 01.08.2014, I am inclined to release this applicant also.

6. Accordingly, the application is allowed and the the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court . He is directed to appear before the said Court as and when directed by the said Court.

7. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE Rao