Agamdas v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 474 of 2017 Agamdas S/o Shri Tilakdas, Aged About 44 Years By Caste - Panika, R/o Dongari, Tahsil Katghora, District Korba Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Deepka, District Korba Chhattisgarh ---- Respondent For applicant - Shri Awadh Tripathi, Advocate. For Respondent/State -Shri Sangarsh Pandey, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 6/02/2017 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.30/2015 registered in Police Station Deepka, Distt. Korba (C.G.) for offence punishable under sections 420, 467, 468, 471 of Indian Penal Code. 2.

As per the prosecution case, a report was made by Phool Kunwar that in the year 1993 certain land was acquired by the SECL and affidavit was sworn by the applicant showing that he is son-in-law but actually son and daughter of the complainant Phool Kunwar were minor at that time, therefore on the basis of forged affidavit applicant procured job.

3.

Learned counsel for the applicant submits that incident was of 1993 and report was made in 2014, there is no explanation has been given for the enormous delay, charge sheet has been filed, no further investigation would be necessary, therefore the applicant may be released on bail. 4.

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

Considering the facts and circumstances of the case, degree of

allegation, nature of evidence available against the applicant and the fact that incident alleged to have happened in the year 1993 for which the report was made in 2014, charge sheet has been filed, 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