Gajendra Sahu v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3752 of 2018 Gajendra Sahu, S/o. Jhamendra Kumar Sahu (wrongly written Chhamendra Sahu) Aged About 34 Years, R/o. Village Gabdi, Police Station Ranitarai, District- Durg, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through- Police Station- Supela, District- Durg, Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Shrawan Agrawal, Advocate For Respondent :

Mr. Ashish Shukla, Dy. A.G.

--------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 25.07.2018 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. 684/2016 registered at Police Station Supela, Distt. Durg (C.G) for the offences punishable under Sections 418, 420, 467, 468, 471, 120B of Indian Penal Code. 2.

As per the prosecution case, a report was made by the complainant Bairagi that he entered into an agreement for purchase of land with Visnhu Lodhi and paid an amount of Rs.4 Lakhs and thereafter it was revealed that actually the said land does not belong to Vishnu Lodhi and Vishnu Loadi was impersonated by Nehru Lodhi and forged document was prepared whereby the said amount was paid. Against this applicant, it is alleged that he introduced Nehru Lodhi and Vishnu Lodhi. 3.

Learned counsel for the applicant submits that one of the coaccused Mukund Pal has been enlarged on bail and the case of the present applicant is better than Mukund Pal who has been

enlarged on bail. He further submits that the applicant is in jail since 14.08.2017 and the charge sheet has been filed, therefore, he may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the case diary and the documents. Considering the fact that the other co-accused has been released on bail and the applicant is in jail since 14.08.2017 and further taking into fact that the charge sheet has been filed and the evidence appears to be documentary in nature, I am inclined to release the applicant on bail.

6.

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

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a 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/- (Goutam Bhaduri) Judge Ashok