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High Court Of ChhattisgarhMCRC/3300/2018allowed

Arvind Pradhan v. State Of Chhattisgarh

2018-07-03Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 3300 of 2018 Arvind Pradhan, S/o. Shri Kailash Pradhan, Aged About 36 Years, R/oVillage- Paterapali P.S. And Tahsil- Saraypali, Civil And Revenue DistrictMahasamund, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through- Station House Officer, Police StationMahasamund, Civil And Revenue District- Mahasamund, Chhattisgarh. ---- Respondent For Applicant : Mr. Sumit Shrivastava, Advocate For State/respondent : Mr. Anil S. Pandey, G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 03/07/2018 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.381/2017, registered at Police Station - Mahasamund, District - Mahasamund (C.G.), for the offence punishable under Section 420, 467, 468, 471/34 of the Indian Penal Code.

2.

It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. Applicant is in jail since 12.03.2018. Charge-sheet has been filed after completion of investigation. No case is made out against this applicant. Similarly placed co-accused persons have been enlarged on bail by this Court. Hence, it is prayed that the applicant may be enlarged on bail. 3.

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

4.

I have heard the learned counsel for both the parties and perused the case diary.

5.

According to the case of the prosecution the main accused Sanat Kumar impersonated as Yogendra Babu and entered into an agreement for sale of land with complainant Ashok Kumar Sonwani and received in advance of Rs.6,99,000/- from the complainant. The allegation against this applicant is that he was a witness to that agreement and thus has supported the act of impersonation and cheating.

6.

Considered on the submissions made and the contents of the case diary. Considering on all the material present in the case diary and as appears that similarly placed co-accused persons in this case have already been enlarged on bail, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail. 7.

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

8.

It is directed that applicant shall be released on bail on his 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.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram