Rampratap Singh v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1033 of 2017 Rampratap Singh, S/o. Late Shri Narayan Singh, Aged About 43 Years, R/o. Podhikhurd, Police Station Shankargarh, District BalrampurRamanujganj, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through The Station House Officer, Police Station Shankargarh, District Balrampur-Ramanujganj, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Jitendra Shrivastava, Advocate For Respondent :

Mr. Anil S. Pandey, Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 01/03/2017 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.81/2016 registered at Police Station- Shankargarh, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 419, 420, 467, 468, 471, 120-B/34 of Indian Penal Code.

2.

As per the prosecution case, one Vijay Bada lodged a report that one Parsadi Bai showing herself to be the daughter of Dharam Das who died got his name mutated in the revenue records in connivance with the present applicant and purchaser and fake sale deed was registered in favour of Abhay Singh on 15.10.2015 whereas Vijay Bada the complainant was the original son. It is further alleged that the present applicant is present while the mutation proceedings were carried out in connivance with the other accused and he also present in the subsequent sale deed.

3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated and only allegations are attributed that during the mutation and Gram panchayat proceedings he was present, therefore, no offence can be attributed to him. He further submits that the charge sheet has been filed and no further investigation is necessary, therefore, the applicant may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the case diary and the statement of Smt. Ratan Mani. The charge sheet in this case appears to have been filed. Considering the same and taking into the nature of allegation against the present applicant, I am inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

7.

It is directed that the applicant shall be released on bail on furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. Sd/- (Goutam Bhaduri) Judge Ashok