Raju Dhimar And ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1799 of 2017

1. Raju Dhimar S/o Late Prahalad Dhimar, Aged About 38 Years R/o Bori,post Office Bori, Police Station - Bori, TahasilDhamdha, District- Durg, Chhattisgarh.

2. Rajkumar, S/o Late Prahalad Dhimar, Aged about 31 years R/o Bori,post Office- Bori, Police Station - Bori, Tahasil- Dhamdha, District- Durg, Chhattisgarh.

---- Applicants

Versus

• State Of Chhattisgarh Through Police Station Incharge , Police Station, Dhamdha, District- Durg, Chhattisgarh. ---- Respondent For Applicant : Shri RN Mukharjee, Advocate For Respondent/State : Shri Neeraj Jain, GA Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 24.4.2017 1.

Heard the matter finally.

2.

This is an application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicants, who have been arrested in connection with crime No.18/2017, registered at Police Station Dhamdha, District Durg (CG) for the offence punishable under Sections 420 read with Section 34 IPC & Sections 467, 468, 471 IPC.

3.

Learned counsel for the applicants submits that charge sheet has not been filed in the matter. He submits that the land in question was in the name of the applicants. The applicants are the first offenders, therefore, they may be enlarged on bail. 4.

On the other hand, learned counsel for the State opposes the bail application. He submits that the land was the govt. land and not liable for transfer even then the applicants have executed the power of attorney and sold the said land on the basis of a fabricated and false document.

5.

I have heard the counsel appearing for the parties and perused the material.

6.

On due consideration of the entire facts and circumstances of the case and that the applicants have prepared false documents and sold the land which was the govt. land and not under any transfer, I am not inclined to grant bail to the applicants. 7.

Consequently, the bail application filed under Section 439 of the Cr.P.C. is dismissed.

Certified copy as per rules.

Sd/ (Chandra Bhushan Bajpai) JUDGE sunita