Bhagwati Bai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5376 of 2020 • Bhagwati Bai wife of Bholaram Satnami aged about 53 years, resident of Village Devri, Police Station Mungeli, District Mungeli,(CG) ---- Applicant

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Police Station Kunda, District Kabirdham (CG) MCRC No. 5625 of 2020 • Vidyacharan @ Prakash Jangde S/o Sajan Prasad aged about 47 years, R/o village Khairwarkhurd, P.S. and Tehsil, Lormi, District Mungeli (CG) ---- Applicant

Versus

• State Of Chhattisgarh Through District Magistrate, District Kabirdham (CG) ---- Respondent MCRC No. 6218 of 2020 • Kaushal Barman, S/o Janakram Barman, aged about 38 years, R/o Village Pardeshi Kanpa, Police Station Lormi, District Mungeli (CG) ---- Applicant

Versus

• State Of Chhattisgarh Through the Station House OfÏcer, Through Police Station Kunda (Police Chowki Damapur, Police Station-Kunda) District Kabirdham (CG) ---- Respondent For Applicant :Shri Goutam Khetrapal, Advocate in MCRC No. 5376/2020 For Applicant :Shri Abdul Wahab Khan, Advocate in MCRC No. 5625/2020 For Applicant :Shri Shivendu Pandya, Advocate in MCRC No. 6218/2020 For Respondent/State :Shri H.S. Ahluwalia, Dy. A.G.

Hon'ble Smt. Justice Rajani Dubey Order on Board 2 3.9.2020

1. The matter is heard through video conferencing.

2. As all the above MCRCs arise out of same crime number, they are being heard and disposed of by this common order.

3. MCRC No.5625/2020 is listed for admission. Same is admitted for hearing.

4. The accused/applicants have moved these bail applications under Section 439 of the Code of Criminal Procedure for releasing them on regular bail during trial in connection with Crime No.118/2020, registered at Police Station -Kunda, District Kabirdham(CG) for the offence punishable under Sections 420, 467, 468, 471, 201/34 of the IPC.

5. It is the case of the prosecution that the applicants have prepared forged documents of 14 acres land of the complainant namely- Bhago Bai, i.e. Rin pustika, B-1, Khasra panchshala, Rakba and Naksha and opened a Bank Account and obtained KCC loan of Rs.1,65,000/- from the Allahabad Bank, Pandaria. It is alleged that they have also prepared forged voter ID, Ration Card and Aadhar Card of the complainant.

6. Learned counsel for the applicants submits that the applicants have been falsely implicated in the crime in question. He submits that the applicants are in jail since 27.7.2020 and the trial is likely to take some time for its final

disposal, therefore, they may be released on bail.

7. On the other hand, counsel for the State opposes the bail applications.

8. Considering the facts and circumstances of the case, in particular, the nature of allegations against the applicants and the detention period of the applicants, without further commenting on merits, I am of the opinion that present is a fit case, in which, the applicants should be enlarged on regular bail.

9. Accordingly, the applications filed under Section 439 Cr.P.C. are allowed.

10. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in sum of Rs.50,000/- with one surety each in like sum to the satisfaction of the concerned trial Court for their appearance before the said Court as and when directed till the disposal of the trial 11.

Certified copy, as per rules.

Sd/ (Rajani Dubey) Judge sunita