Raju Tiwari v. State Of Chhattisgarh

MCRC No.2933 of 2019 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2933 of 2019

1. Raju Tiwari S/o Late Shri Ramprasad Tiwari Aged About 55 Years R/o Daba Road, Shiv Nagar, Near Shiv Mandir, Rajnandgaon, District Rajnandgaon Chhatisgarh ---- Applicant

Versus

1. State Of Chhattisgarh Through The Station House Officer, Police Station Kotwali, District Rajnandgaon, Chhattisgarh. ---- Respondent For Applicant Shri Manay Nath Thakur, Advocate For Respondent Shri Arun Shukla, Govt. Advocate Order On Board By Hon'ble Smt. Justice Rajani Dubey 24/05/2019 1.

Heard.

2.

The applicant has preferred this bail application filed under Section 439 of the Cr.P.C. for grant of regular bail as he is arrested in connection with crime No.145/2019 registered in Police Station Kotwali, Rajnandgaon, for the offence punishable under Sections 419, 420, 467 & 471 read with Section 34 of the Indian Penal Code.

MCRC No.2933 of 2019 3.

Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in the case. The alleged incident took place in 2015 whereas the report was lodged in 2018 with a delay of four years that too without offering any explanation. In fact, the applicant is a witness of the sale deed and he has not received any consideration. The main allegations are against the main accused Ajay Yadav and hence, the applicant deserves to be released on bail.

4.

Shri Arun Shukla, learned Govt. Advocate appearing for the State, per contra, would oppose the application for grant of bail. 5.

Having regard to the facts situation of the case, particularly considering the fact that the main allegation is against the main accused Ajay Yadav; further considering the fact that the applicant is in detention since 30-3-2019, this Court is inclined to release him on bail. Accordingly, the application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court. Sd/- (Rajani Dubey) Vacation Judge Gowri