Shyam Sundar v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 343 of 2017 Shyam Sundar S/o Charan Das Jangade Aged About 65 Years R/o Village- Amera, Police Station & Tahsil- Palari, District- Baloda Bazar- Bhatapara, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Police Station Kasdol, DistrictBaloda Bazar- Bhatapara, Chhattisgarh. ---- Respondent For applicant - Shri Palash Tiwari, Advocate. For Respondent/State - Shri Anil S. Pandey, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 31/01/2017 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.173/2016 registered in Police Station Kasdol, Distt. Balodabazar-Bhatapara (C.G.) for offence punishable under sections 120-B, 419, 420/34, 467, 468 & 471 of IPC. 2.

As per the prosecution case, one Chandrika Bai Patel lodged a complaint that one Chandrika Bai Verma alongwith her brother-in-law have sold the land which was held in joint family property in 2011 and the complainant came to know of the fact in 2015. In the said document the applicant has scribed as a witness. Thereby, he was party to the fraud.

3.

Learned counsel for the applicant submits that the applicant has not committed any offence, only the applicant has testified the transaction of sale and not identified. He further submits that charge sheet has been filed, no further investigation would be necessary and other co-accused Chandrika Bai has been enlarged on bail vide

M.Cr.C. No.6941/2016 on 9/11/2016, therefore the applicant may be enlarged on bail.

4.

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

Perused the case diary and the documents. Considering the facts and circumstances of the case, charge sheet has been filed, taking into nature of allegations against the applicant and the fact that all the evidence appears to be documentary in nature and the applicant is in jail since 27/12/2016, 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.

Sd/- (Goutam Bhaduri) JUDGE gouri