Pandu Tandi & ANR. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR
1. Pandu Tandi S/o Late Kuwar Tandi Aged About 40 Years R/o Raipur Naka, Rajiv Gandhi Nagar, Durg, Behind Pathan Basti, Ward No. 58, House No. 566, Durg, District- Durg, Chhattisgarh.
2. Arun Soni S/o Late Gouri Shankar Soni Aged About 39 Years R/o Panchsheel Nagar, In Front Of Chandrashekhar School, Ward No. 1, Durg, Thana- City Kotwali, Durg, District- Durg, Chhattisgarh.
---- Applicants
Versus
• State Of Chhattisgarh Through SHO, P.S.- Barela, DistrictBemetara, Chhattisgarh. ---- Respondent MCRC No. 3456 of 2020
1. Smt. Pandu Tandi W/o Pandu Tandi Aged About 40 Years R/o- Raipur Naka, Rajiv Gandhi Nagar, Durg, Behind Pathan Basti, Ward No. 58, House No. 566, Durg District- Durg, Chhattisgarh
2. Smt. Arun Soni W/o Arun Soni Aged About 39 Years R/o Panchsheel Nagar, In Front Of Chandrashekhar School, Ward No. 1, Durg, Thana- City Kotwali, Durg, District- Durg, Chhattisgarh ---- Applicants
Versus
• State Of Chhattisgarh Through SHO, P.S.- Barela, DistrictBemetara, Chhattisgarh ---- Respondent
For Applicants :- Mr. Yatharth Singh, Advocate For Respondent :- Mr. Gagan Tiwari, Dy.G.A.
Proceedings through Video Conferencing Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 14/08/2020
1. Heard.
2. The applicants have preferred these applications under Section 439 of the Cr.P.C. for grant of regular bail as they were arrested in connection with crime No.42/2019 and 43/2019 registered in Police Station Thana- Barela, District Bemetara C.G. for the offence punishable under Sections 419, 420, 467, 468, 471, 120B, 201 & 34 of the I.P.C.
3. The present applicants were witnesses to the forged power of attorney prepared by Babu Gyan Prakash, the real brother of the complainant namely; Smt. Rimpi Sharma. Thereafter, Babu Gyan Prakash sold the land belonging to the complainant ad-measuring 6.799 hectares to different purchasers.
4. The purchasers have already been released on anticipatory bail in MCRCA Nos. 514 and 542 of 2019.
5. It appears that the main role is played by Babu Gyan Prakash, whereas applicants were the witnesses in the forged power of attorney prepared by Babu Gyan Prakash, therefore, considering the fact that the applicants are in detention since 13.11.2019 and the offences are triable by JMFC and also considering the fact that the charge sheet has already been filed, this Court is inclined to release the applicants on bail.
6. Accordingly, both the bail applications filed under Section 439 of the Cr.P.C. are allowed and the applicants are directed to be released on bail on each of them executing a personal bond for a sum of ₹50,000/- with one surety for the like amount to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court.
Sd/- (Prashant Kumar Mishra) Judge Gowri