Balram v. The State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4922 of 2019 • Balram S/o Sudhu Turi, Aged About 45 Years, R/o Village Maghetoli, Chowki Aara, Police Station Jashpur, District Jashpur, Chhattisgarh., District : Jashpur, Chhattisgarh ---- Applicant

Versus

• The State of Chhattisgarh, Through Police Station Jashpur, District Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh ----Non-applicant For Applicant - Shri A.K. Prasad, Advocate.

For Non-applicant/State - Shri Ghanshyam Patel, Govt. Advocate. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 06-09-2019 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 30-04-2019 in connection with Crime No.51/2018 registered at P.S. - Jashpur, District Jashpur, Chhattisgarh for the offence under Section 420, 467, 468, 471, 120B of the IPC. 2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in jail since 30-04-2019. The applicant has not committed any offence. Charge sheet has been filed after completion of the investigation and the case is pending for trial. Therefore, it is prayed that the application may be allowed.

3.

Learned counsel for the State/non-applicant opposes the application submitting that this applicant is the main accused in this case, hence, he is not entitled for grant of bail.

4.

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

According to the prosecution case, this applicant by making use of Rin Pustika of complainant Kaleshwar Singh and forging documents obtained a

-2KCC card from Gramin Bank in the name of Shivnandan Singh, father of the complainant and on the basis of this, he made withdrawal of Rs.50,000/- from the KCC. The complainant came to know about this fraud when he received notice from the Bank for making repayment.

6.

Considering that the case is pending for trial and the applicant has no criminal antecedent, I feel inclined to allow this application. 7.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed. 8.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil