Kanhaiyalal Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 931 of 2017 • Kanhaiyalal Sahu S/o Dukhwa Sahu Aged About 55 Years VillageAmlidih, Police Station- Rajendra Nagar, Raipur, District/ TehsilRaipur, Chhattisgarh --- Petitioner

Versus

• State of Chhattisgarh through Station House Officer, Police StationDhamda, District- Durg, Chhattisgarh --- Respondent For the applicant :

Mr. H.S. Ahluwalia, Advocate For the Respondent :

Mr. Ashish Shukla, Govt. Adv.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 28.02.2017

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 93/2010 registered at P.S. Dhamda Distt. Durg (C.G) for the offence punishable under Sections 419, 420, 467, 468, 471, 120-B of IPC.

2. As per the prosecution case, a complaint was made by Abdul Rauf that he was holding a land along-with his sisters Joharbano and Hajiyani Bachchi Bai, which was sold by Narmada Prasad Tiwari by personifying himself as Abdul Rauf and Rasida Begum and Queresha Begum were projected as Joharbano and Hajiyani Bachchi Bai and sale deed was made in the name of applicant who was servant of Suryakant Patel.

3. Learned counsel for the applicant would submit that a perusal of memorandum of other accused would show that the land was purchased in the name of the present applicant who is a servant. He further submits that the charge sheet

has been filed; no further investigation is necessary and coaccused Suryakant Patel has been enlarged on bail by this Court in M.Cr.C.No.356/2017 on 31.10.2017, therefore, the present applicant may also be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail. However, he do not dispute the fact that co-accused Suryakant Patel has been enlarged on bail by this Court.

5. Perused the case diary. The documents appear to have been seized. Considering the nature of evidence which appears to be documentary in nature and further considering the fact that the charge sheet has been filed and co-accused Suryakant Patel has been enlarged on bail by this Court, I am inclined to allow this bail application.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court. He shall also appear before the trial Court as and when directed by the said Court till disposal of the trial.

C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o