Pradeep Dewangan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.878 of 2016 Pradeep Dewangan, son of late Shri Jagdish Prasad Dewangan, aged about 54 years, resident of M.I.G.52, Shivaji Nagar, Korba, Tehsil Korba, Civil and Revenue District Korba (CG) ---Applicant

Versus

State of Chhattisgarh Through District Magistrate, Korba, Police Station Kotwali, Korba, District Korba (CG) ---Non-applicant For Applicant :

Mr. Sunil Otwani,, Advocate For Non-applicant :

Mr. Neeraj Sharma, Dy.G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 28/03/2016 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.417/2015, registered at Police Station-Kotwali, District-Korba (CG), for the offence punishable under Sections 420, 467, 468, 471 and 120B read with Section 34 of the IPC.

2.

Case of the prosecution, in brief, is that the applicant, Ayurvedic Doctor, attested the documents of Rangan Ram Sahu and Lalita Sahu which were found to be forged and thereby committed the aforesaid offence.

3.

Learned counsel for the applicant would submit that the applicant has not committed any offence and he has falsely been

implicated in crime in question. He would further submit that the applicant is Government Medical Officer and he has acted bonafidly, he is in jail since 20.10.2015, charge-sheet has already been filed and no further interrogation is required, therefore, he may be released on regular bail. 4.

On the other hand, learned counsel for the State would oppose the bail application.

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts & circumstances of the case, nature & gravity of the offence, role of the present applicant, his pre-trial detention i.e. since 20.10.2015, the fact that main allegation is against co-accused Pawan Yadav and charge-sheet has already been filed, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

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

8.

It is directed that the applicant shall be released on bail on his 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.

Sd/- (Sanjay K. Agrawal) JUDGE B/-