Kushalram Nandeshwar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2802 of 2018 Kushalram Nandeshwar S/o Punaram Nandeshwar Aged About 50 Years R/o Village Maditarai, Thana/tahsil- Dongargarh, Distt. Rajnandgaon Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through The Police Station Dongargarh, Distt. Rajnandgaon Chhattisgarh.

---- Respondent For the Applicant :

Shri Anil Gulati, Advocate For the State :

Shri U.K.S. Chandel, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /05/2018

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No. 303/2017 registered at Police Station Dongargarh, District Rajnandgaon (C.G.) for the offence punishable under Sections 419, 420, 467, 468, 471, 120-B, 454, 380/34 of IPC.

3. Case of the prosecution, in brief is that complainant Kriparam is resident of Maditarai. He is the owner of land bearing Khasra No. 373/1, area 0.45 acre, Khasra No. 373/2 area 0.17 acre and Khasra No. 373/3, area 0.28 acre. On 19/01/2016 his son Jeevan, applicant Kushalram Nandeshwar, co-accused Amar Lal Lautre, Kartikram and Yogesh Verma hatched a conspiracy. Jeevan executed the registered sale deed in favour of applicant Kushalram Nandeshwar for

consideration of Rs.1,40,000/-. In this sale-deed Jeevan represented himself as Kriparam. Before execution of sale-deed Jeevan stolen the Rin Pustika of his father Kriparam.

4. Learned counsel for the applicants submits that applicant is innocent and falsely implicated in the present case and the applicant is in jail since 08/12/2017, therefore, he shall be released on bail.

5. On the other hand, learned counsel for the State opposes the bail application.

6. Looking to the facts and circumstances of the case, looking to the seriousness of the alleged offence and also the impact of granting bail on the society, this Court is not inclined to grant bail to the applicant.

7. Consequently, the MCRC is dismissed.

Sd/- (Sharad Kumar Gupta) Judge Kamde