High Court Of ChhattisgarhMCRC/3315/2018allowed

Mohammad Mustafa v. State Of Chhattisgarh

2018-07-02Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3315 of 2018 Mohammad Mustafa S/o Mohammad Mujeeb Aged About 40 Years R/o- Idgah Mohalla Near Raja Kirana Shop Supela Bhilai, Tehsil & District- Durg, Chhattisgarh., District : Durg, Chhattisgarh --- Petitioner

Versus

State of Chhattisgarh through- District Magistrate, Durg, DistrictDurg, Chhattisgarh., District : Durg, Chhattisgarh --- Respondent For the applicant :

Mr. Avinash Chand Sahu, Advocate.

For the Respondent :

Mr. Sangharsh Pandey, Dy.G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .0 7 .2018

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No.76/2018 registered at Police Station Mohan Nagar, District Durg (C.G) for the offences punishable under Sections 420, 468, 470, 471, 120B of IPC.

2. As per the prosecution case, the present applicant facilitated to avoid the tax liability of vehicle bearing Regn. no. C.G.04E/9025 in respect of co-accused Ramjatan Mourya and gave the documents of Truck bearing No. C.G.07/C 6847 to Ramjatan Mourya after taking an amount of Rs.15,000/- so that the tax liability of Rs.3 lakhs of the original vehicle of Ram Jatan Mourya is reduced and thereafter used this number to show that no tax liability exists.

3. Learned counsel for the applicant submits that the charge sheet has been filed in this case, no further investigation is necessary and the applicant is in jail since 12.03.2018, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application.

5. Considering the fact that the offence is triable by the JMFC, charge sheet has been filed and no further investigation is necessary as also the fact that the appellant is in jail since 12.03.2018, I am inclined to allow this bail application.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o