Sandeep Khanna v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4301 of 2020 • Sandeep Khanna,S/o. Ashwani Khanna, Aged about 34 years, R/o. House No. 202,Rishabh Prime City, Block -P, Potiya, Durg , PS Durg Kotwali, District Durg CG ---- Applicant

Versus

• State Of Chhattisgarh, Through Police Station Durg Kotwali, District Durg CG ---- Respondent For Applicant : Shri Shrawan Agrawal Advocate For Respondent /State : Ms. Sunita Jain, GA Hon'ble Smt. Justice Rajani Dubey Order On Board 17/08/2020 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 in connection with Crime No. 931/2020 registered at police station Durg, Kotwali, district Durg (CG) for the offence punishable under Sections 420,467,468 and 471/34 IPC.

As per prosecution case, report was lodged by the complainant alleging that the uncle and father of the applicant have sold his plot by impersonation in the year 2006.

Counsel for the applicant submits that the applicant has been falsely implicated in the case. He submits that the incident is of the year 2006 and the report has been lodged in the year 2019. He submits that he was only the witness of the sale deed. He further submits that similarly placed co-accused has been granted anticipatory

bail by this Court in M.Cr.C (A). No. 1854/2019 vide order dated 19.12.2019 and therefore the present applicant may also be granted the benefit. Lastly, he submits that the applicant is in jail since 11.06.2020 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion, therefore he may be released on bail.

On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs. 50,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna