Mithlesh Ekka v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5470 of 2020 Mithelesh Ekka, S/o Dilbodhan aged about 35 years, Cast Urao, R/o village Rajpuri, Police Station & Tehsil Sitapur, District Surguja (CG) ---- Applicant

Versus

State Of Chhattisgarh Through Police Station Sitapur, District Surguja(CG) ---- Respondent MCRC No. 5955 of 2020 Vijay Lakra, S/o Albert Lakra Aged 47 years, R/o Village Shantipara, P.S. & Tehsil Batouli District Surguja(CG) ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Sitapur, District Surguja(CG) ---- Respondent For Applicants :

Shri Vivek Mishra, Advocate in MCRC No. 5470/2020 For Applicant :

Shri N.K. Sinha, Advocate in MCRC No. 5955/2020 For Respondent :

Ms. Sunita Jain, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 29.9.2020

1. The matter is heard through video conferencing.

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

3. 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.13/2018, registered at Police Station -Sitapur, District Surguja(C.G.) for the offence punishable under Sections 420, 467, 468, 471 r/w S. 34 and 120B of the IPC.

4. It is the case of the prosecution that a written complaint was filed by the complainant on 19.1.2018 that the main accused(Asha Beck) along with these applicants have cheated her by taking her land on the basis of false and fabricated documents.

5. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the case. He submits that the applicants are in jail since 14.7.2020 and trial is likely to take some time for its final disposal, therefore, they may be released on bail.

6. On the other hand, counsel for the State opposes the bail application.

7. Considering the facts and circumstances of the case, in particular the nature of allegations against the applicants, detention period of the applicants and further considering that trial is likely to take some time for its final disposal, 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.

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

9. 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 local 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.

10.

Certified copy, as per rules.

Sd/ (Rajani Dubey) Judge sunita