High Court Of ChhattisgarhMCRC/4332/2019allowed

Manoj Kumar Yadav v. State Of Chhattisgarh

2019-07-15Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4332 of 2019 • Manoj Kumar Yadav S/o Late Shankar Lal Yadav, aged about 42 years, R/o Tamerpara Dhamdha, District Durg (C.G.) ---- Appellant

Versus

• State of Chhattisgarh, through Station House Officer, Police Station Dhamdha, District Durg (C.G.) ---- Respondent For Applicant :

Shri Sandeep Yadav, Adv.

For Respondent :

Shri Rahul Mishra, Dy.G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 15.07.2019

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 04/2019 registered at Police Station Dhamdha, District Durg (C.G.) for the offence punishable under Sections 420, 467, 468, 471 read with Section 34 of the IPC.

2. The prosecution story, in brief, is that the applicant had participated in preparation of patta in the name of persons who are not residents of village Sirma Bhatha and thereby committed the offence.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the crime in question. He further submits that the co-accused namely Kundan Lal Sharma has been

granted bail vide order dated 24.05.2019 passed in MCRC No. 3394/2019, therefore, the present appellant may also be released on bail.

4. On the other hand, counsel for the State opposes the bail application.

5. I have heard learned counsel for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, and further considering the facts that the co-accused namely Kundan Lal Sharma has already been granted bail 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.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- 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 them by the said Court. Sd/- (Rajani Dubey) Judge Vijay Sahu