D.Vijay Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 1941 of 2016 D. Vijay Kumar S/o D. Krishna Murti, R/o Behind Jalaram Mandir, Khamtarai, Post and Police Station Khamtarai, Tehsil Raipur, Revenue and Civil District Raipur, Chhattisgarh.

---Applicant

Versus

State of Chhattisgarh, Through Station House Officer, Khamtari, Revenue & Civil District Raipur, Chhattisgarh.

---Non-Applicant For Applicant :Shri Sarfaraz Khan, Advocate.

For Non-Applicant/State :Shri Anil Pandey, Government Advocate. Hon'ble Shri Manindra Mohan Shrivastava, J.

Order on Board /05/2016

1. Heard learned counsel for the applicant.

2. The applicant has been arrested on 29.10.2015 in connection with Crime No. 410 of 2015 registered at Police Station Khamtarai, District Raipur, Chhattisgarh for the offence punishable under Sections 419, 420, 467, 468, 471, 120-B and 379 of the Indian Penal Code.

3. Case of the prosecution, in brief, is that the house belonging to one I. Basant Laxmi was sold by false impersonation showing M. Rangamma, mother-in-law of applicant - D. Vijay Kumar as I. Basant Laxmi. It is alleged that the applicant played a vital role alongwith the broker coaccused K. Kishore Murthy and M. Rangamma in committing the offence

of cheating and forgery.

4. Learned counsel for the applicant submits that investigation is complete and charge sheet has already been filed. He further submits that the other co-accused K. Kishore Murty has been granted anticipatory bail by this Court vide order dated 14.03.2016 in M.Cr.C.(A) No. 22 of 2016. The detention of applicant is no longer necessary for further investigation, and therefore he may be released on bail on imposing appropriate conditions to secure his presence during trial.

5. On the other hand, learned counsel for the State has opposed the bail application submitting that the applicant is one of the main accused in this case and the allegation is that it is he who forged the sale deed by removing the photograph of I. Basant Laxmi and fixing the photograph of his mother-in-law M. Rangamma.

6. Having heard learned counsel for the parties and considering the submission that the the applicant is in jail since 29.10.2015, investigation is complete, charge sheet has already been filed, and further that coaccused, K. Kishore Murty has already been granted anticipatory bail by this Court, the bail application is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bound in the sum of Rs. 25,000/- with one local surety of the like amount to the satisfaction of the concerned trial Court. He shall appear before the Court below on each and every date given to him by the said Court till disposal of the trial.

7. Certified copy, as per rules.

Sd/- (Manindra Mohan Shrivastava) Vacation Judge Amit