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High Court Of ChhattisgarhMCRC/6881/2015allowed

Ravindra Yadav v. State Of Chhattisgarh

2015-12-15Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6881 of 2015 Ravindra Yadav S/o Rupau Ram Yadav Aged About 47 Years Occupation Lecturer, High School Parasbod, Saja, R/o Ward No. 1, Saja, P.S. Saja, Tahsil & Distt. Bemetara, Chhattisgarh, Civil & Rev. Distt. Bemetara, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Police Of Police Station Saja, Tahsil & Distt. Bemetara, Chhattisgarh, Civil & Rev. Distt. Bemetara, Chhattisgarh.

---- Respondent For applicant - Shri Ratnesh Kumar Agrawal, Advocate. For Respondent/State - Shri Neeraj Jain, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 15/12/2015 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 302/2015 registered in Police Station Saja, District Bemetara (C.G.). for offence punishable under section 420, 467, 468, 471 & 34 of the Indian Penal Code. 2.

As per the prosecution case the applicant was assistant teacher obtained promotion on the post of lecturer on the basis of fake mark sheet of MA Sanskrit and when it came to the notice in 2015 the matter was reported.

3.

Learned counsel for the applicant submits that unless and until it has been certified by the expert that mark sheet of MA Sanskrit is fake, it cannot be conclusively proved that mark sheet is fake. He further submits that before unilaterally stating that the mark sheet is fake enquiry should have been made in presence of the applicant. Therefore, learned counsel prays for release of the applicant on bail.

4.

Learned State counsel opposes the prayer for grant of bail and submits that in primary enquiry mark sheet of the applicant was found to be forged, therefore case has been registered. 5.

I have perused the case diary. Perusal of the case diary shows that allegations are in documentary nature for which documents have already been obtained and further custodial interrogation may not be required. Taking into account facts and circumstances of the case, nature of allegation and also considering the detention of the applicant that he is in jail since 9/11/2015, 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