Ghanshyam Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3696 of 2018 Ghanshyam Yadav S/o Late Baharta Ram Yadav Aged About 48 Years R/oVijayapuram Colony, House No. D-62, PS- Sarkanda, District- Bilaspur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through- The Police Station- Gole Bazar, Raipur, District- Raipur, Chhattisgarh.

---- Respondent For the Applicant :

Shri N. Naha Roy, Advocate.

For the Respondent/State :

Shri Anil S. Pandey, G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

13.08.2018 Heard.

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.23 of 2017, registered at Police Station - Gole Bazar, District Raipur, Chhattisgarh for the offence punishable under Sections 420, 467, 468, 471, 120B and 201 of the Indian Penal Code. 2.

Learned counsel for the applicant submits that the applicant is in jail since 11.09.2017 and has been falsely implicated in this case. No case is made out against the applicant on the basis of the material placed before the Court by the prosecution. Hence, it is prayed that the applicant be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect.

4.

Heard counsel for both the parties and perused the case diary. 5.

The case against the applicant is that one co-accused had applied for appointment to the post of Librarian with respect to advertisement by the District Panchayat, Raipur with which the mark-sheet attached was found to be forged and fake. After lodging of FIR and during investigation, the coaccused person has made a statement that the applicant had provided the forged mark-sheet to him. Hence, this case.

6.

As there is no seizure of any forged document from the applicant and also considering the evidence that is proposed against the applicant for his prosecution, I am of the considered view that the present is a fit case where the applicant should be benefited with grant of regular bail. 7.

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

8.

It is directed that applicant shall be released on bail on 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. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi