Narayan Singh Dhruw v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2816 of 2018 Narayan Singh Dhruw S/o Shri Ledga Singh Dhruw Aged About 50 Years Occupation Govt. Job, R/o Lalpur, Shanti Nagar, Baghbehra, P. S. And Tehsil Baghbehra, District Mahasamund Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Baghbehra, District Mahasamund Chhattisgarh ---- Respondent For applicant - Shri Achyut Tiwari, Advocate. For Respondent/State -Smt. Madhunisha Singh, PL. For objector- Shri Adil Minhaj, Advocate.

Hon'ble Shri Justice Goutam Bhaduri Order 09/07/2018 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.212/2001 registered in Police Station Thana-Baghbehra, District Mahasamund (C.G.) for offence punishable under sections 217, 218, 120-B, 420, 467, 468, 471, 34 of IPC. 2.

As per the prosecution case, on a rival claim the applicant being patwari he mutated the name of four persons namely Idrish, Hanif, Wahid and Sabbir in the revenue record ignoring the name of Fatima Begum. Subsequently, it was found that mutation was made on the basis of forged document.

3.

Learned counsel for the applicant submits that the applicant was granted regular bail by the trial court on the basis of anticipatory bail granted to the other co-accused. However, since anticipatory bail of the other co-accused were cancelled and regular bail of the applicant was interdependent on such anticipatory bail, bail of the applicant also stood cancelled and he is in custody since 24/03/2018. He submits that no

further investigation is necessary, therefore the applicant may be released on bail.

4.

Learned State counsel and counsel for the objector opposes the prayer for grant of bail.

5.

Considering the facts and circumstances of the case and further taking into fact that other accused have been granted regular bail by this court in M.Cr.C. Nos.3349 & 3356 of 2018, considering the nature of allegations against this applicant, offences are triable by JMFC and the applicant is in jail since 24/03/2018, 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.

Sd/- (Goutam Bhaduri) JUDGE gouri