Khilawan Jangde v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7027 of 2015 Khilawan Jangde S/o Lakhan Jangde Aged About 44 Years R/o Village Kuhera, P.S. Rakhi, Distt. Raipur, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, P.S. Mandir Hasoud, Distt. Raipur, Chhattisgarh.

---- Respondent For applicant - Shri Y.C. Sharma, Advocate.

For Respondent/State - Shri Om.P. Sahu, G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 21/12/2015 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 209/2014 registered in Police Station Mandir Hasoud, District Raipur (C.G.) for offence punishable under section 420, 467, 468, 471 of Indian Penal Code. 2.

As per the prosecution case, the applicant recorded grass land bearing Khasra No.1881 in his name which was actually recorded in the name of the State and thereafter sold the same to two purchasers and therefore committed the aforesaid offence.

3.

Learned counsel for the applicant submits that applicant is a illiterate person and even the land which was recorded in his name there has been wrong mutation took place whereby the applicant has been falsely implicated. He further submits that report was made by Additional Tehsildar and the application was filed by Additional Tehsildar that due to some misunderstanding report was made, however they do not want to proceed in the matter. He relied on the certain document of the Additional which was given to the Police Station and he further submits that for

cancellation of the registry steps have been taken, therefore, the applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail. 5.

Having regard to the facts and circumstances of the case, considering the nature and degree of allegations, charge sheet having been filed, further taking into account document of the Additional Tehsildar wherein it has been stated that no further action is required against this applicant, considering the detention of the applicant that he is in jail since 28/07/2015 and charge sheet has already been filed, without any observation on merits, 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