Bunty @ Gurjeet Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3576 of 2018 • Bunty @ Gurjeet Singh S/o Gurudayal Singh Aged About 34 Years R/o- Quarter No. 05a, Street 26, Sector 7, Bhilai Nagar, Tehsil And District- Durg, Chhattisgarh., District : Durg, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- District Magistrate, Durg, DistrictDurg, Chhattisgarh., District : Durg, Chhattisgarh. ---- Respondent For the applicant : Shri B. P. Singh, Advocate For the Respondent/State : Shri N. K. Mehta, PL Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 16.05.2018.

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.633/2012, registered at Police Station -Kotwali Durg, District - Durg, (C.G), for the offence under Sections 420, 467, 468, 471, & 120 B of the Indian Penal Code.

2. Learned counsel for the applicant submits, that the applicant has falsely been implicated in this case and he is in jail since 12.02.2018. After completion of investigation the charge-sheet has been filed and the case is pending before the trial Court. Out of 23 witnesses in the list of the prosecution case, till date only four witnesses have been examined. The complainant made false allegation against the present applicant that he attested the sale

deed which was executed by impersonation. The trial is likely to take some time for its completion, for this reason, it is prayed that the applicant may be released on bail.

3. Learned counsel for the State opposes the bail application and submits that the present applicant was equally involved in the said commission of offence, for this reason, he is not entitled for grant of bail

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

5. According to the prosecution case the main accused- (Tarun Patil) sold the land belonging to his mother by presenting another women before the Registration Office to impersonate his mother- Usha Bai @ Ukha Bai and the sale deed was executed in which this applicant has put his signature as attesting witness. Hence, this case.

6. Considered on the submission and contents of the case diary, the applicant is in detention since quite some time, after filing of the charge-sheet no purpose would be served, if the, applicant is kept in detention, till the completion of the trial, hence, this Court is of the opinion that this is a fit case, where the applicant is entitled for grant of bail.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a 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 /- (Rajendra Chandra Singh Samant) Judge Jamal