Shyamdas Mandavi v. The State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3153 of 2019 • Shyamdas Mandavi S/o Amilal Mandavi Aged About 47 Years By Caste Gond, R/o House No. 440, Ward No. 21 Bajrang Chowk, Dongargarh, District Rajnandgaon Chhattisgarh.

---- Applicant

Versus

• The State Of Chhattisgarh Through District Magistrate Rajnandgaon Chhattisgarh.

---- Respondent __________________________________________________________ For Applicant :

Mr. Parag Kotecha, Advocate.

For Respondent :

Mr. H.S. Ahluwaliya, Dy. Adv. General.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 15/05/2019

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.180/2018 registered at Police Station- Dongargarh, District-Rajnandgaon(C.G.) for the offence punishable under Sections 419, 420, 467, 468, 471/34 & 120B of Indian Penal Code.

2. It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in this case. No case is made out against this applicant. Applicant is in jail since 24.4.2019. Most of the accused have been granted regular as well as anticipatory bail by this Court and the applicants stand on similar footing. Charge-sheet has been filed, after completion of investigation, hence, it is prayed that regular bail application of this applicant be allowed.

Page No.2

3. Learned State counsel opposes the application and submissions made in this respect.

4. I have heard the learned counsel for the parties and perused the case diary and the documents placed on record.

5. According to the prosecution case, 19 farmers borrowed Rs.84,20,000/- from Dena Bank by submitting forged documents of title regarding which FIR has been lodged by Manager of Dena Bank. The allegation against this applicant is this, that he has facilitated in obtaining the loans by the farmers.

6. Considered.

7. As the case is now before the trial Court and similarly placed coaccused persons have been granted regular as well as anticipatory bail, for these reasons, I am of this view that this is a fit case where application filed by applicant deserves to be allowed.

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

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha