← Library
High Court Of ChhattisgarhMCRC/3183/2019allowed

Hemant Kumar Kaushik v. State Of Chhattisgarh

2019-05-27Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3183 of 2019 • Hemant Kumar Kaushik S/o Bisahu Ram kaushik, aged about 54 years, R/o Bolakampa, Police Station Lalpur District Bilaspur (C.G.) ---- Appellant

Versus

• State of Chhattisgarh through Police Station, Marwahi, District Bilaspur (C.G.) ---- Respondent For Applicant :

Smt. Madhunisha Singh, Adv.

For Respondent :

Shri Vimlesh Bajpai, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 27.05.2019

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 112/1999 registered at Police Station Marwahi, Dist. Bilaspur for the offence punishable under Sections 420, 476, 438, 471/34 of the IPC.

2. The prosecution story in brief is that the applicant in connivance with other accused person is alleged to have prepared a fake Rin Pustika and thereby committed offence.

3. Learned counsel for the applicant submits that the applicant is innocent person and he has falsely been implicated in the crime in question. He further submits that the applicant is in custody since 28.01.2019, the charge-sheet has already

been filed, no custodial interrogation is required and, therefore, applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application and submits that the applicant has prepared a fake Rin Pustika which is illegal in manner.

5. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that applicant is in custody since 28.01.2019, and the charge sheet has already been filed and the trail is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

6. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with two sureties in the like sum to the satisfaction of the trail Court. He is directed to appear before the trail Court on each and every date given to them by the said Court. Sd/- (Rajani Dubey) Vacation Judge Vijay Sahu