Abdul Razzaq v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3060 of 2018 • Abdul Razzaq S/o Abdul Rashid Aged About 55 Years R/o Takhatpur, Police Station, Tahsil Takhatpur, District Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Masturi, District Bilaspur, Chhattisgarh, District : Bilaspur, Chhattisgarh ---- Respondent For Applicant :

Shri S.K. Mishra, Advocate.

For Respondent.

:

Shri Majid Ali, P.L.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board /05/2018 Heard.

1.

The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody since 22.01.2018 in connection with Crime No.140/2012 registered at Police Station : Masturi, District Bilaspur(C.G.) for the offence punishable under Sections 420, 419, 467, 468, 471, 120-B IPC.

2.

The case of prosecution is that the applicant impersonating Hamid Ansari sold his land for Rs.1,35,000/-. 3.

Learned counsel for the applicant submits that applicant has falsely been implicated in this case. He has not impersonated. Investigation is complete, charge-sheet has been filed and as other co-accused already been granted

bail, applicant may also be granted regular bail. 4.

On the other hand, learned counsel for the State opposes the bail application and submits that the applicant had remained absconding since long. He would submit that except Tula Ram other co-accused who have been granted bail are also alleged to have impersonated and sold the land. As the applicant remained absconding for long, in the event of grant of bail to him, he may misuse the same.

5.

Having considered the submissions made by learned counsel for the parties, particularly taking into consideration that the applicant is in jail since 22.01.2018, investigation is complete, charge-sheet is filed and other co-accused of this case have already been granted bail, I am inclined to grant bail to the applicant.

6.

The application is accordingly allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- along with one local surety for the like amount to the satisfaction of the concerned trial Court with following further conditions: (i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

Sd/- (Manindra Mohan Shrivastava) Vacation Judge Nisha