Bhagirathi Banjare v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3203 of 2018 Bhagirathi Banjare S/o Mayaram Banjare Aged About 54 Years R/oVillage Limtara, P.S. And Tehsil Mastoori, Civil And Revenue DistrictBilaspur, Chhattisgarh, Presently R/o- Jarhabhata, Ward No. 7, P.S. Civil Lines, Bilaspur, Civil & Revenue District- Bilaspur, District : Bilaspur, Chhattisgarh --- Petitioner

Versus

State of Chhattisgarh through- O.P. Saket, Police Station- Pathariya, District- Mungeli, Chhattisgarh --- Respondent For the applicant :

Mr. Adil Minhaj, Advocate.

For the State :

Mr. Suryakant Mishra, Panel Lawyer Hon'ble Shri Justice Goutam Bhaduri Order on Board .06.2018

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. 148 of 2016 registered at Police Out Post Saket, Police Station Pathariya, District Mungeli (C.G) for the offences punishable under Sections 420, 467, 468, 471 of IPC.

2. As per the prosecution case, a report was made by one Ram Prakash that he was owner of the land bearing Khasra No. 199/9 situated at village Umaria and the accused got their names mutated on the basis of the fake proposal of Gram Panchayat. It is alleged that the present applicant who was working as Patwari along-with the son of Parasram got the names mutated and the mutation was made on the basis of false proposal and resolution of Gram Panchayat.

3. Learned counsel for the applicant submits that similarly placed accused Sant Kumar has been enlarged on bail by this

Court in M.Cr.C.No.1134 of 2018 vide order dated 20.04.2018 and the case of the present applicant is similar to that of coaccused. He further submits that the charge sheet has been filed, no further investigation is necessary and the applicant is in jail since 10.04.2018, therefore, he may be enlarged on bail.

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

5. Considering the fact that similarly placed co-accused has been enlarged on bail by this Court as also the fact that the charge sheet has been filed, offence is triable by the JMFC and the applicant is in jail since 10.04.2018, 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