Rajesh Soni v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 354 of 2017 • Rajesh Soni S/o Shri Gulab Chand Soni, Aged About 51 Years R/o Village Pendakodo, Police Station And Tahsil Mohla District Rajnandgaon Chhattisgarh ---- Petitioner

Versus

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

Mr. Vipin Tiwari, Advocate For Respondent/State :

Mr. Anupam Dubey, Dy.G.A.

-------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 01-02-2017 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 8-11-2016 in connection with Crime No. 451 of 2014, registered at Police Station Kotwali, District Durg (CG) the offence punishable under Sections 420, 467, 468, 471 and 205 of the IPC.

2.

As per prosecution case, on the applicant obtained bail on the basis of Rin Pustika No. 17118522 which was subsequently being examined and found to be forged of one Ajay Ram and thereby the aforesaid offence was committed.

3.

Learned counsel appearing for the applicant would submit that the applicant has been falsely implicated in the case, the applicant is the owner of the said land which is not in dispute and the applicant was given Rin Pustika by few of the Revenue Officers,

therefore, it cannot be stated that on the basis of forged Rin Pustika he has obtained bail. He would further submit that charge-sheet has been filed in this case, the applicant is in jail since 8-11-2016 and no further investigation is required, therefore, he may be released on bail.

4.

On the other hand, learned State counsel opposes the prayer for grant of bail, however, he does not dispute the fact that the applicant is owner of the land which is shown in Rin Pustika. 5.

I have heard learned counsel for the parties, perused the case diary and documents.

6.

Taking into consideration the facts and circumstances of the case and further considering the fact that the applicant is the owner of the land which is shown in Rin Pustika, withot further observation on the merits of the case,, I am inclined to release the applicant on bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed and 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 trial Court for his appearance as and when directed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Raju