Bhojram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3283 of 2018 Bhojram S/o Bhakhal Chouhan Aged About 57 Years R/o- Khondhar, Tahsil And P.S. Dabhara, District- Janjgir Champa, Chhattisgarh, Present Address Near House Of Gulab Chouhan Doga (Mahua), P.S. Tamnar, DistrictRaigarh, Chhattisgarh., District : Raigarh, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through- Police Station Dabhra, District- JanjgirChampa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh. ---- Respondent For the Applicant :

Shri Tarun Dansena, Advocate.

For the Respondent/State :

Shri Vinod Tekam, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

27.06.2018 Heard.

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 316 of 2013, registered at Police Station Dabhra, District Janjgir-Champa, Chhattisgarh for the offence punishable under Sections 109, 193, 200, 420, 467, 468 and 120B/34 of the Indian Penal Code.

2.

Learned counsel for the applicant submits that the applicant is in jail since 02.03.2017 and has been falsely implicated in this case. After completion of investigation, the charge-sheet has been filed. No case is made out against the applicant on the basis of the material placed before the

Court by the prosecution. Similarly placed co-accused persons, namely, Paltan and Rajkumar Chouhan have been granted bail by this Court vide order dated 7.11.2017. Hence, it is prayed that the applicant be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. 4.

Heard counsel for both the parties and perused the case diary. 5.

According to the prosecution case, co-accused - Paltan by concealing the fact that his sister Desmati was living got the mutation in land records ordered in his favour and subsequent to that, he sold out the property. The allegation against this applicant is that he was also a party to this conspiracy being the brother of main accused - Paltan.

6.

Considering the submissions and the contents of the case-diary and looking to the fact that co-accused persons have been granted bail by this Court, hence, the application deserves to be allowed. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. In case any default is committed by the applicant/s in appearing

before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi