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High Court Of ChhattisgarhMCRC/2530/2016allowed

Nadhira v. State Of Chhattisgarh

2016-06-01Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2530 of 2016 Nadhira S/o Amar Sai Aged About 30 Years Caste Gond, R/o Village Kanaknagar, P.S. & Tehsil Pratappur, District Surajpur, CG ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Pratappur, District Surajpur, CG.

---- Non-applicant -------------------------------------------------------------------------------------------------------------- Applicant by Mr. V.K. Pandey, Advocate.

Non-applicant by Mr. Anil Pandey, Govt. Adv.

-------------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board 1-6-2016 Heard.

The applicant has been arrested on 23-9-2015 in connection with Crime No. 16/2015 registered in Police Station Pratappur, Distt. Surajpur for offence punishable under Sections 419, 420, 467, 468 and 471 read with Section 34 of the Indian Penal Code.

Case of the prosecution is that the applicant in order to obtain loan got prepared a forged Kisan Credit Card in which photograph of co-accused was affixed showing him as brother of the applicant namely Sobhnath. Learned counsel for the applicant submits that the applicant has not committed any offence. He further submits that whatever loan amount was taken from bank has been repaid. It is also submitted that co-accused has been granted bail and the applicant is neither likely to abscond nor temper with the prosecution witness.

On the other hand, learned counsel for the State opposes the prayer for grant of bail.

Taking into consideration the submission, particularly the nature of offence, further that the co-accused has been granted bail, the applicant claims to have repaid the loan and that he is in jail since 23-9-2015 and the trial has not been conducted till date, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one local surety in the like sum to

the satisfaction of the concerned trial court for his appearance as and when directed.

Sd/- Manindra Mohan Shrivastava Vacation Judge Pathak