Vijay Chandrakar And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2804 of 2016

1. Vijay Chandrakar S/o Narayan Chandrakar Aged About 42 Years R/o Village Amalori, Post Marra, Tahsil Patan, Distt. Durg Chhattisgarh

2. Vinay Chandrakar S/o Narayan Chandrakar Aged About 34 Years R/o Village Amalori, Post Marra, Tahsil Patan, Distt. Durg Chhattisgarh --- Petitioners

Versus

• State of Chhattisgarh S/o Through The Station House Officer, Police Station Patan, Distt. Durg Chhattisgarh ---- Respondent For the applicants :

Mr. B.D.Guru, Advocate For the Respondent :

Mr. Neeraj Kumar Sharma, Dy.G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 21.06.2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicants in connection with Crime No. 145 of 2014 registered at P.S. Patan, Distt. Durg (C.G) for the offence punishable under Sections 420, 419, 423, 177, 467, 468, 471, 182 and 120-B IPC and section 82 of the Registration Act.

2. As per the prosecution case, on being directed by the Judicial Magistrate First Class under Section 156(3) Cr.P.C., the concerned police registered offence alleging that accused Manish Chandrakar along-with other colleagues executed sale deeds by false impersonation and the applicants are beneficiaries as they have purchased the land thereby the offence is committed.

3. Learned counsel for the applicants submits that accused

Manish Chandrakar has been granted bail by the coordinate Bench of this Court in M.Cr.C.No.1934 of 2016 on 18.05.2016 and the case of applicants is better than that of the person who has been enlarged on bail as the present applicants have purchased the property after payment of sale consideration, therefore, they may be enlarged on bail. He further submits that the charge sheet has been filed and the applicants may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Considering the fact that the co-accused Manish Chandrakar has been granted bail by the coordinate Bench of this Court in M.Cr.C.No. 1934/2016 and looking to the role of the applicants as they have purchased the land after payment of sale consideration and also the fact that the charge sheet in this case has been filed and the offences are triable by the Judicial Magistrate First Class, I am inclined to release the applicants on regular bail.

6. Accordingly, the bail application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond in sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned trial Court. They shall also appear before the trial Court as and when directed by the said Court. C.c. as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o