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High Court Of ChhattisgarhMCRC/5655/2018allowed

Shagun Singh Nureti & ORS. v. State Of Chhattisgarh

2018-08-29Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5655 of 2018

1. Shagun Singh Nureti S/o Dashruram Nureti Aged About 48 Years R/o- Village Bamhani Police Station Daundi, DistrictBalod, Chhattisgarh.

2. Surendra Kumar Netam S/o Chamraram Netam Aged About 30 Years R/o- Village Kosmi Police Station Khadgaon, DistrictRajnandgaon, Chhattisgarh.

3. Chamraram Kola S/o Sannuram Kola Aged About 52 Years R/oVillage Tado, Police Station Khadgaon, District- Rajnandgaon, Chhattisgarh.

4. Ratnuram Dugga S/o Chatruram Dugga Aged About 45 Years R/o- Village Gubiagarh, Police Station Khadgaon, DistrictRajnandgaon, Chhattisgarh. ---- Applicants

Versus

State Of Chhattisgarh Through- The Police Station Khadgaon, District- Rajnandgaon, Chhattisgarh.

---- Respondent For the Applicants :

Shri Shaleen Singh Baghel, Advocate For the State :

Ms. Smita Ghai, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /08/2018

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No. 14/2018 registered at Police Station Khadgaon, District Rajnandgaon (C.G.) for the offence punishable under Sections 420, 467, 468 and 471/34 of IPC.

3. Case of the prosecution, in brief is that applicant No. 1 Shagun Singh Nureti impersonated himself as the President and other three

applicants as Member of the Joint Khadan Mazdoor Sangh Branch Pallemadi and collected Rs.2,50,000/- from Ex-workmen for their reinstating in the mines and thereby cheated them.

4. Learned counsel for the applicants submits that they are innocent and falsely implicated in the present case, therefore, they shall be released on bail.

5. On the other hand, learned counsel for the State opposes the bail application.

6. Looking to the above mentioned facts and circumstances of the case and as per the statement of the Govt. Advocate there is no antecedent against the applicants and offences are triable by the Judicial Magistrate First Class, this Court is inclined to give the benefit of Section 439 of the Cr.P.C. to the present applicants.

7. Consequently, the bail application filed under Section 439 of the Cr.P.C., is allowed. It is directed that if the applicants furnishes one solvent surety for a sum of Rs. 30,000/- each along with a personal bond in the like sum to the satisfaction of the concerned Court with the condition that they shall appear before the trial Court at 11.00 am as and when directed till trial and they would cooperate during the trial, they shall be released on bail.

8. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde