Mojelal v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 585 of 2018 • Mojelal S/o Bisahuram Aged About 60 Years By Caste- Satnami, R/oDongiya, Thana- Sakti, District- Janjgir-Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- Police Station Sakti, District- JanjgirChampa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Respondent __________________________________________________________ For Applicant :

Mr. Parag Kotecha, Advocate.

For Respondent :

Mr. Anil S. Pandey, Govt. Advocate.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 18/07/2018

1. Apprehending arrest in connection with Crime No.65/2018 registered at Police Station- Sakti District - Janjgir Champa(C.G.), for offence punishable under Sections 420, 467, 468, 471 read with Section 34 of the Indian Penal Code (for short 'IPC'), the applicant has preferred this application for grant of anticipatory bail.

2. Learned counsel for the applicant submits that applicant has been falsely implicated in this case. No case is made out against him. Hence, it is prayed that applicant be granted anticipatory bail.

3. Learned State counsel opposes the bail application and the submissions made in this respect. It is submitted that applicant has

Page No.2 deliberately given false affidavit to get rebate in the payment of stamp duty, hence, the offence has been committed by him, hence, he is not entitled for grant of anticipatory bail.

4. Heard both the parties and perused the case diary.

5. Allegation against the applicant is this, that he as a Vendor of the land in question gave a false affidavit before the Registration Officer stating that the land is situated about 500 meters away from the National Highway for the purpose of lowering the valuation of land and thus has cheated the State Exchequer of Rs.2,20,122/-. Hence, this case.

6. Considered on the material present in the case diary and after considered on the nature of offence that is levelled against him. For this reason, I am of this view that this is a fit case where the applicant should be benefited with grant of anticipatory bail.

7. Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail by the officer arresting him on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating Officer. The applicant shall also abide by the following conditions :

(i) that the applicant shall make himself available for interrogation before the investigating officer as and when required;

(ii) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer;

Page No.3 (iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that the applicant shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.

Sd/- (Rajendra Chandra Singh Samant) Judge NIsha