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High Court Of ChhattisgarhMCRC/5392/2021allowed

Shyam Singh Rajput v. State Of Chhattisgarh

2021-08-17Hon'Ble The Acting Chief Justice3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5246 of 2021 Shyam Singh Rajput S/o Balkrishna Rajput Aged About 32 Years R/o Kukricholi, Police Station Urga, Tahsil And District Korba, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Shyang, District Korba, Chhattisgarh.

---- Non-Applicant MCRC No. 5392 of 2021 Shyam Singh Rajput S/o Balkrishna Rajput Aged About 32 Years R/o Kukricholi, P.S.- Urga, Tahsil And District- Korba, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through- The Station House Officer, Police StationShyang, District- Korba, Chhattisgarh ---- Non-Applicant MCRC No. 5402 of 2021 Shyam Singh Rajput S/o Balkrishna Rajput Aged About 32 Years R/o Kukricholi, P. S. Urga, Tahsil And District Korba Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Shyang, District Korba Chhattisgarh ---- Non-Applicant For Applicant : Shri N.K. Chatterjee, Advocate. For Non-Applicant : Shri SC Verma, Advocate General with Shri Chandresh Shrivastava, Deputy AG.

Proceeding Through Video Conferencing Hon'ble Shri Prashant Kumar Mishra, Ag CJ Order On Board 17/08/2021 :

1. The aforesaid MCRCs are being disposed of by this common order as they arise out of Crime Nos.13/2020, 14/2020 & 15/2020 registered in Police Station Shyang, District Korba for offence under Section 420, 467, 468, 471 read with Section 120-B, 34 of the IPC.

2. These are the 3rd bail application under Section 439 of the CrPC on behalf of the applicant. All the first bail applications of the applicant were dismissed as withdrawn on 16.12.2020 in MCRC No.7473/2020 & other connected matters, and the second bail applications preferred by the applicant were rejected on merits vide order dated 3.2.2021 passed in MCRC No.215/2021 & other connected matters.

3. The applicant along with other accused persons sold the Government land leased out to different persons without obtaining permission from the concerned Collector and thereafter fraudulently used the login id of the Halka Patwari for on-line correction of the record in the 'Bhuiya' software of the Revenue Department of the State Government.

4. Since after dismissal of the earlier bail applications of the applicant, two co-ordinate Benches have allowed bail to co-accused persons. In MCRCA Nos.332/2021 & 350/2021, co-accused Mohd. Akram Siddiqi has been allowed anticipatory bail vide order dated 25.6.2021, whereas accused Gulzar Khan @ Madul has been allowed regular bail vide order dated 2.6.2021 passed in MCRC No.202/2021.

5. The present applicant is in jail since 1.10.2020 i.e. for about 101⁄2 months and the offences are triable by the Judicial Magistrate 1st Class.

6. Therefore, considering all the relevant aspect of the matter, I am inclined to release the applicant on bail.

7. Accordingly, the applications are allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

Sd/- (Prashant Kumar Mishra) Acting Chief Justice Barve