Nahar Singh Gond v. The State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2551 of 2019 • Nahar Singh Gond S/o Shri Ramdev Singh Aged About 35 Years Caste-Gond, R/o Village Basdayee, Police Chowki Basdeyee, P.S. Tahsil And Disrtict- Surajpur, CG ---- Applicant
Versus
• The State Of Chhattisgarh Through The Police Chowki- Basdayee, P.S. Surajpur, Disrtict- Surajpur, CG ---- Respondent For applicant Mr. Pushpendra Patel, Adv.
For non-applicant/State Mr. Vikram Dixit, Govt. Adv.
Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 26-41. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending before any other court.
2. The applicant has been arrested in connection with Crime No. 163/2018 registered in Police Chowki Basdayee, P.S. Surajpur, Distt. Surajpur (CG) for offence punishable under Section 419, 420, 467, 468, 471, 34 of IPC
3. Prosecution story in brief is that the disputed land was in the joint name of co-accused Kamla Prasad, Bijalibai, Indar and Kabilaso. Coaccused Kamla Prasad is brother of Bijalibai, Indar and Kabilaso. coaccused Kamla Prasad sold the disputed land to Samuel Tirki by registered said deed. At the time of execution of sale deed dated 2110-2014 Kabilaso, alleged Bijalibai and Indar were present as consenter. The applicant was one of the witnesses of said registered said deed. It is alleged that Bijalibai and Indar were not present at that time, in their place some other women were presented as Bijalibai and Indar. Consideration of the sale deed is Rs. 1,18,800/-.
4. Counsel for the applicant argued that the applicant is innocent and has been falsely implicated hence he be released on bail.
5. On the other hand, the State Counsel opposed the bail application.
6. Looking to the above facts and circumstances of the case, the application is allowed. It is ordered that if the applicant furnishes two solvent sureties each for a sum of Rs. 25,000/- along with one personal bond of Rs. 50,000/- to the satisfaction of the trial Court concerned with the condition that he will not involve himself in any of the crime in future, he be released on bail.
7. CC as per rules.
Sd/- (Sharad Kumar Gupta) Judge Pathak