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High Court Of ChhattisgarhMCRC/4244/2018allowed

Chhotu @ Sujeet Singh v. State Of Chhattisgarh

2018-07-04Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4244 of 2018 Chhotu @ Sujeet Singh S/o Somaru Singh, Aged About 35 Years R/o Village Mominpura, Near Har Sagar Talab, Police Station & Tahsil Ambikapur, District : Surguja (Ambikapur), Chhattisgarh --- Petitioner

Versus

State of Chhattisgarh through Station House Officer, Police Station Ambikapur, District : Surguja (Ambikapur), Chhattisgarh --- Respondent For the applicant :

Mr. Rajkumar Pali, Advocate.

For the Respondent :

Mr.Suryakant Mishra, P.L.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .07.2018

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No.837/2016 registered at Police Station Ambikapur, District Sarguja (C.G) for the offences punishable under Sections 120-B, 420, 34 of IPC

2. As per the prosecution case, a complaint was made by Abhilash Rajwade that he purchased a land from Hira Mani and with the allegation that he had purchased the land at a lower price on the basis of the forged Power of Attorney, coaccused Abhay Singh and present applicant approached the complainant and assured that they will get the issue settled and thereafter obtained Rs.2 lakhs from him. It is alleged that Abhay Singh impersonated as Additional S.P., of CID.

3. Learned counsel for the applicant submits that the applicant

has been falsely implicated in this case. He further submits that similarly placed accused Anoj Vishwakarma has been released on bail by the Co-ordinate Bench of this Court in M.Cr.C. No. 7232/2017 by order dated 14.12.2017. He further submits that the charge sheet has been filed, no further investigation is necessary and the applicant is in jail since 28.05.2018, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail application. However, he do not dispute the fact that similarly placed accused has been released on bail by the coordinate Bench.

5. Considering the fact that co-accused has been enlarged on bail by the coordinate bench of this Court as also the fact that the charge sheet has been filed, no further investigation is necessary and the applicant is in jail since 28.05.2018, I am inclined to allow this bail application.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o