Ramchandra Dhruw v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.2097 of 2016 Ramchandra Dhruw S/o. Prahalad Dhruw aged about 48 years, CasteGond, Occupation Shiksha Karmi Grade-II, Govt.Middle School Katai R/o. Village-Shankar Nagar, Navagarh, Tahsil and Police Station Navagarh, District Bemetara (CG) ---Applicant

Versus

State of Chhattisgarh Through: The Police Station Saja, District Bemetara (Chhattisgarh) ---Non-applicant For Applicant :

Mr. S.C. Verma, Advocate For Non-applicant :

Mr. D.R.Minz, Dy.G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 25/04/2016 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.33/2014, registered at Police Station-Saja, District-Bemetara (CG), for the offence punishable under Sections 420, 467, 468, 471/34 and 120B of the IPC. 2.

Case of the prosecution, in brief, is that five co-accused persons submitted fake Teachers Eligibility Test Certificate alleged to be issued by Hemant Verma and the present applicant filled the form of co-accused Chandreshwari by which she obtained government job. 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 there is no

evidence that the present applicant filled the form of Chandrashwari, the applicant is teacher and is in jail since 16.1.2016. Charge-sheet has already been filed.

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, extent of delay in lodging the F.I.R. and the fact that co-accused has been released on bail, 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/-