Purushottam Gond v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7155 of 2021 • Purushottam Gond S/o Shri Chandramohan Gond Aged About 40 Years R/o Village Rampur Koylari Binasipara, P.S. Brijrajnagar, District Jharsuguda (Orissa) Presently Residence Of Infront Of Jute Mill Raigarh, District Raigarh Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Pandatarai, District Kabeerdham Chhattisgarh ---- Respondent MCRC No. 7843 of 2021 • Tilak Tanty S/o Bhajman Tanty, Aged About 47 Years R/o Village-Harijanpara, Rampur, Koylari, Police Station-Brijrajnagar, District- Jharsuguda (Odisha) ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station- Pandatarai, District-Kabirdham Chhattisgarh ---- Respondent For Applicant : Shri Sunil Sahu and Shri Jitendra Shrivastava, Advocates For Respondent /State : Shri Wasim Miyan, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 26/10/2021 As both these M.Cr.Cs. arise out of the same crime number they are bieng disposed of by this common order. The applicants have filed these bail applications under Section 439 of the Code of Criminal Procedure for grant of regular bail as they

are in custody in connection with Crime No. 186/2020 registered at Police Station Pandatarai, district Kabirdham (CG) for the offence punishable under Sections 420 IPC and 66 D of the IT Act. Case of the prosecution in brief is that report was lodged by the complainant alleging that the applicants have cheated by personating, and committed forgery by using as genuine the forged and fraudulent documents and obtained Rs. 91,900/-.

Counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. He submits that the applicants are in jail since 27.08.2021 and 15.08.2021 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion.

On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicants, I am inclined to release them on regular bail. Accordingly, the applications filed under Section 439 of the Code of Criminal Procedure are allowed. It is directed that in the event of the applicants' furnishing a personal bond in the sum of Rs.50,000/- each with one local surety for the like sum to the satisfaction of the concerned Court, they shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna