Laddi @ Harpal Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6207 of 2020 • Laddi @ Harpal Singh, S/o Sardar Gurucharan Singh, Aged About 53 Years, R/o Budhwari Para, Dongargarh, Tehsil - Dongargarh, District - Rajnandgaon (Chhattisgarh).

---- Applicant

Versus

• State of Chhattisgarh Through - Station House Officer, Police Station - Dongargarh, District - Rajnandgaon (Chhattisgarh). ---- Respondent For Applicant : Mr. Vivek Sharma, Adv.

For Respondent/State : Mr. Anand Verma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 07.01.2021

1. The accused/applicant has moved this second bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 503/2019 registered at Police Station- Dongargarh, District - Rajnandgaon (C.G.) for the offence punishable under Sections 420, 467, 468, 471/34 & 120B of IPC.

2. The first bail application of the applicant was dismissed vide order dated 02.06.2020 by this Hon'ble Court.

3. The prosecution story, in brief is that, while loan under the Kisan Credit Card was being advanced by the Punjab National Bank, the applicant is alleged to have obtained the same in the name of villagers against the lands in their names and on physical verification, it was found that false documents have been prepared. Thereafter, offence has been registered against the present applicant and he has been taken into custody.

4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the applicant was only broker at the behest

of Bank Officers. He further submits that present applicant and other co-accused persons have been granted bail by co-ordinate bench in MCRC No. 1543/2020 and other connected matters. He next added that the applicant is in jail since 06.02.2020 and chargesheet has already been filed, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

5. On the other hand, counsel for the State opposes the bail application and the submission made in this respect. It is submitted that the offence committed by the present applicant is of serious in nature, therefore, no case is made out for grant of bail.

6. I have heard learned counsel for the parties and perused the record.

7. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that present applicant and other co-accused persons have been granted bail by co-ordinate bench in MCRC No. 1543/2020 and other connected matters. The applicant is in jail since 06.02.2020 and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

8. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/-, with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Ruchi