High Court Of ChhattisgarhMCRCA/1201/2019allowed

Nitish Chandrakar v. State Of Chhattisgarh

2019-08-22Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1201 of 2019 • Nitish Chandrakar S/o Narayan Chandrakar Aged About 52 Years R/o Adarsh Nagar, District Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Kotwali, Durg Chhattisgarh, District : Durg, Chhattisgarh ---- Respondent For Applicant :

Shri Sunil Otwani, Advocate.

For Respondent.

Shri Sameer Sharma, Dy.Govt. Advocate Hon'ble Smt. Justice Rajani Dubey Order on Board 22/08/2019

1. This is the first application filed by the applicant under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail, who is apprehending his arrest in connection with Crime No. 575/2019, registered at Police Station Kotwali, District Durg(CG) for the offence punishable under Sections 420, 467, 468, 471, 34 of the IPC.

2. Case of the prosecution is that the applicant has signed as witness in the Sahmati Patra, Ikararnama and Baynama prepared forge by other coaccused persons, executed for transfer of ownership of the leased house of the complainant at Durg and sold the property and they obtained money.

3. Learned counsel for the applicant submit that the applicant is innocent and he has been falsely implicated in this case with an intention to settle down personal score and no case is made out against the applicant. He prays for releasing the applicant on anticipatory bail.

4. Counsel for the State, however, opposes the application for anticipatory bail.

5. I have heard learned counsel both the parties and perused the case-diary.

6. Considering the totality of the facts, in particular, the nature of allegations against the applicant, this Court is of the view that it is a fit case to grant anticipatory bail to the applicant. Accordingly, the application filed under Section 438 Cr.P.C. is allowed.

7. It is directed that in the event of arrest of the applicant in connection with aforesaid crime number, he shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the officer arresting him. He shall abide by all the terms and conditions laid down in Section 438 (2) of the Code of Criminal Procedure.

8. Certified copy as per rules.

Sd/ (Rajani Dubey) suntia JUDGE