Ravindra Kumar Sahu v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C No.6577 of 2021 Ravindra Kumar Sahu S/o Chandan Aged About 21 Years R/o Village Biramtal, Outpost Basdei, Police Station Surajpur, District Surajpur, Chhattisgarh.
----Applicant
Versus
State Of Chhattisgarh Through - Station House Officer, Police Station Ramanujnagar, District Surajpur, Chhattisgarh. ---- Non-Applicant For Applicant:
Shri Gyanprakash Shukla, Advocate.
For Non-Applicant/State:
Shri Adil Minhaj, Government Advocate.
Hon'ble Shri Justice Gautam Chourdiya Order on Board 20.09.2021 1.
The Applicant has preferred this application under Section 439 of Cr.P.C. as he has been arrested in connection with Crime No.117/2021 registered at Police Station Ramanujnagar, District Surajpur, C.G. for the offence punishable under Sections 419, 420, 467, 468, 471 and 120/34 IPC. 2.
Allegation against the present Applicant is that he is involved in the case of forged documentation of the joint property of Complainant Manbodhini along with other co-accused, wherein one Budhini has been impersonated in her place.
3.
Learned Counsel for the Applicant submits that the Applicant has been falsely implicated in the crime in question for which, he is in jail since 06.07.2021 and that there is no incriminating material against him, which may hold him guilty for the commission of offence punishable under 419, 420, 467, 468, 471 and 120/34 IPC. He further submits that the co-accused has already been granted anticipatory bail by the co-ordinate Bench vide order dated 23.08.2021 passed in M.Cr.C(A) No.982/2021 and therefore, the present Applicant may also be released on bail. 4.
On the other hand, learned State Counsel opposed the bail application.
5.
I have heard learned Counsel for both the parties and perused the
case diary.
6.
Considering the facts and circumstances of the case, the nature of allegation against the present Applicant, the fact that he is in jail since 06.07.2021 and further considering the fact that the co-accused has already been granted anticipatory bail by the co-ordinate Bench vide order dated 23.08.2021 passed in M.Cr.C(A) No.982/2021 and there is no likelihood of the Applicant's tampering with the evidence or absconding as admitted by both the counsel and the trial may take some time due to Covid-19 Pandemic, without commenting anything on merits of the case, I am inclined to allow this application.
7.
Accordingly, the instant M.Cr.C is allowed and it is directed that in the event of the Applicant's executing a personal bond for a sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:- i.
he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court, ii.
he shall not act in any manner which will be prejudicial to fair and expeditious trial, and iii.
he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. iv.
he shall strictly follow the COVID-19 protocol issued by the Central Government / State Government / Local Authority. v.
he shall not involve himself in any offence of similar nature in future. Let a copy of this order be forwarded to the concerned police station forthwith who shall inform the trial Court in the event of Applicant's involving himself in any offence in future.
Sd/- Gautam Chourdiya JUDGE Priya