Naresh Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5143 of 2018 Naresh Kumar S/o Gouri Lal Aged About 29 Years Caste Satnami, R/o Basti Baradwar, P. S. Baradwar, P. S. Baradwar, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, P. S. Janjgir, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh.

---- Respondent For the Applicant :

Shri N.K. Chatterjee, Advocate.

For the Respondent/State :

Shri Anil S. Pandey, G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

08.08.2018 Heard.

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.279 of 2018, registered at Police Station - Janjgir, District Janjgir-Champa, Chhattisgarh for the offence punishable under Section 420 of the Indian Penal Code. 2.

Learned counsel for the applicant submits that the applicant is in jail since 18.5.2018 and has been falsely implicated in this case. No case is made out against the applicant on the basis of the material placed before the Court by the prosecution. Hence, it is prayed that the applicant be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail

application and the submissions made in this respect. 4.

Heard counsel for both the parties and perused the case diary. 5.

The case against the applicant is that he stood surety for accused - Dauram Ratre in Criminal Case No. 371 of 2018 before the concerned Court in Janjgir by furnishing rin pustika of the lands alleged to be belonging to him. On verification, it was found that the lands mentioned in the rin pustika was not recorded in the name of the applicant in revenue records. Hence, this case.

6.

After due consideration and looking to the fact that the case is now pending before the trial Court and the trial of the case is likely to take some time for its final disposal, I am of the considered opinion that the applicant deserves to be released on bail.

7.

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

8.

It is directed that applicant shall be released on bail on furnishing a personal bond in the 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. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi