Manish Agrawal v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2891 of 2016 Manish Agrawal, S/o Shri Jagdish Agrawal, Aged About 32 Years, R/o Ambikapur Road, Pathalgaon, Tehsil & Police Station Pathalgaon, District Jashpur Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Police Station Incharge, Police Station Pathalgaon, District Jashpur Chhattisgarh. ---- Respondent For applicant -Dr. N.K. Shukla, Sr. Advocate with Shri Ankit Singhal, Advocate.

For Respondent/State - Shri Satish Gupta, G.A. For Objector - Shri Awadh Tripathi and Shri S.S. Rajput, Advocates. Hon'ble Shri Justice Goutam Bhaduri Order 11/07/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 311/2015 registered in Police Station Pathalgaon, District Jashpur for offence punishable under sections 420, 467, 468, 471, 120 (B) of Indian Penal Code and under Section 3 (1) (v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2.

Case of the prosecution, in brief, is that the applicant inconnivance with the other persons got sale deed executed from Chamru Gond S/o Kusro in his name on 12/08/2013. In fact the land belonging to Hemant Singh S/o Janak Ram who sold it to Harihar Singh S/o Thakur Singh Gond who was an aboriginal tribe on 1/08/2013 and by manipulating name of Harihar Singh in the revenue record name of Chamru was recorded and eventually the land was purchased by this applicant. 3.

Learned counsel for the applicant submits that the charge sheet in

this case has been filed and applicant has already surrendered before the trial court on 25/04/2016. He further submits that the offence is triable by JMFC and it will take some time. He further submits that the applicant is in jail since 25/04/2016, therefore the applicant may be released on bail. 4.

Learned State counsel and counsels for the objector opposes the prayer for grant of bail.

5.

Perused the case diary and the documents. Perusal of the case diary and the documents would show that the charge sheet has been filed in this case and all the nature of offence it appears, prima facie, is documentary in nature and further considering the fact that no further investigation is necessary and considering the detention period of the applicant, as he is in jail since 25/04/2016 , this court is inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri