Dhanwantin v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3006 of 2016 Dhanwantin D/o Shankar Singh Markam Aged About 24 Years R/o Village Dhourabhatha, P.S. Parpodi, Tahsil Saja, District Bemetara, Chhattisgarh.

---- Applicant

Versus

State of Chhattisgarh Through P.S. Saja (Through Public Prosecutor Bemetara) District Bemetara, Chhattisgarh.

---- Respondent For Applicant :- Mr. Rajesh Jain, Advocate For Respondent/ State :- Mr. Satish Gupta, G. A.

Hon'ble Shri Justice Goutam Bhaduri Order On Board By 22/06/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No. 33/2014 registered at Police Station- Saja, District Memetara (C.G.) for the offence punishable under Sections 420,467,468,471/34 of IPC. 2.

Case of the prosecution, in brief, is that the applicant Dhanwantin was appointed as Shiksha Karmi Grade-III now named as Assistant Teacher at Janpad Panchayat Saja in the year 2013. It is stated that the applicant has submitted a Teachers Eligibility Test certificate which was forged and on that basis, she was able to procure the employment thereby the eligible candidates were deprived of selection and therefore, the offence has been committed. 3.

Counsel for the applicant submits that the certificate which was submitted was genuine and without any hearing it has not been stated that the said certificate is forged which is still to be

adjudicated about the authenticity of certificate. He further submits that the charge sheet has been filed and the applicant is in jail since 04.12.2015, therefore, the applicant may be enlarged on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Having regard to the fact that the applicant is in jail since 04.12.2015 and the fact that the similarly placed co-accused person has already been enlarged on bail by this Court in M.Cr.C. No. 1644 of 2016 on 21.03.2016, I am inclined to release the applicant on bail. 6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a 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/- (Goutam Bhaduri) Judge Santosh