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High Court Of ChhattisgarhMCRC/7618/2020allowed

Pramod Yadav v. State Of Chhattisgarh

2020-12-16Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.7618 of 2020 Pramod Yadav S/o Late Aatmaram Yadav Aged About 60 Years R/o Sindhi Colony, Kasturba Nagar Kargil Chowk , Jarhabhata, District Bilaspur Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Tikrapara, District Raipur Chhattisgarh ---- Respondent For Applicant :

Shri Y.C. Sharma, Advocate For Respondent/State :

Smt. Fouzia Mirza, Additional A.G.

S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 16/12/2020 Heard.

1. The applicant has been arrested in connection with Crime No.215/2020 registered at Police Station- Tikrapara, District Raipur (CG) for the alleged commission of offence under Section 120-B, 420, 467, 468, 471 of IPC.

2. Case of the prosecution is that the applicant impersonated one Vijay Kela in execution of sale deed in favour of one Zahida Qureshi.

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated and he has not impersonated anybody. He would submit that in the present case, investigation is complete, charge-sheet has been filed and that the applicant is in jail since 26.05.2020. He would further submit that co-accused Kiran Pandey has been granted bail by this Court in M.Cr.C. No.4296 of 2020 and that trial has not been concluded till date, therefore, at this stage, he may be granted bail imposing appropriate condition to ensure his presence in the Magisterial trial on the alleged commission of offence.

4. On the other hand, learned counsel for the State opposes the bail application and submits that prima facie case is made out because the applicant is alleged to have impersonated some person towards sale of land.

-25. Considering the submission of learned counsel for the parties, particularly taking into consideration the nature of allegation and that the applicant is in jail since 26.05.2020, investigation is complete, charge-sheet has been filed and also looking to the age of the applicant and there is no material to show that the applicant is likely to abscond or tamper with the prosecution witnesses, therefore, at this stage, the application is allowed.

6. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with two local sureties for the like amount to the satisfaction of the concerned trial Court with following further conditions:

(i) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha