Barun Kumar Futaan v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5722 of 2018 • Barun Kumar Futaan S/o Late Vishnu Prasad Futaan Aged About 43 Years R/o- Subhash Nagar Kukripara, Purani Basti, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through- P.S.- Aamanaka, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondent _____________________________________________________________ For Applicant :

Mr. Sudeep Johri, Advocate.

For Respondent/State :

Mr. Anupam Dubey, Dy. Govt. Advocate.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 27/08/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.115/2018 registered at Police Station- Aamanaka, District- Raipur(C.G.) for the offence punishable under Sections 420, 467, 468, 471, 34 of the Indian Penal Code.

2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. Applicant is in jail since 28.5.2018. No case is made out against the applicant. The main accused in this case is Murari Lal Sahu has been granted bail by this Court in MCRC No. 4517 of 2018 vide order dated 17.7.2018. Hence,

Page No.2 it is prayed that applicant be enlarged on regular bail.

3. Learned State counsel opposes the bail application and submissions made in this respect. It is submitted that he is associate of the main accused person. Hence, the application of his regular bail be rejected.

4. Heard both the parties and perused the case diary.

5. The case against the applicant is this, that one agreement for sale of land was entered with Deep Garud, who is the Director of M/s Royal Vintrade Company in which co-accused Murari Lal Sahu was a party as vendor of the land in the agreement who received Rs.5 lakh in advance. The allegation against this applicant is this, that he had helped in preparing the agreement.

6. After due consideration on all the material present in the case diary and also considering this fact that co-accused has been granted bail by this Court, for this reason, I am of this view that this is a fit case where applicant should be released on regular bail.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a 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.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha