Shiv Kumar And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1509 of 2017

1. Shiv Kumar S/o Gulab Prasad, Aged About 45 Years R/o Banjaridand, Thana Khadgawa, District Koriya, Chhattisgarh.

2. Jawala Prasad, S/o Shiv Kumar Aged About 20 Years R/o Banjaridand, Thana Khadgawa, District Koriya, Chhattisgarh.

3. Radhika Bai W/o Budhram, Aged About 52 Years R/o Village Telaimuda, Thana Ramanujganj, District Surajpur, Chhattisgarh. ---- Applicants

Versus

• State Of Chhattisgarh Through Police Station Khadgawa, District Koriya, Chhattisgarh.

---- Respondent For Applicants : Shri Parag Kotecha, Advocate For Respondent/State : Shri Anil Pandey, GA Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 03/4/2017 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.6/2017 registered at Police Station Khadgawa, Distt. Koriya for the offence punishable under Sections 420, 467, 468, 471, 120B, 34 IPC.

3.

Learned counsel for the applicant submits that the applicants are in detention since 10.1.2017. He submits that applicants No. 1 and 2 are not concerned anyway in the crime. All the applicants are first offenders. They have not committed any

offence. Co-accused- Abdul Momin has been granted bail by this Court in MCRC No.659/2017 on 14.2.2017. Applicants No. 1 and 2 are neither witnesses in the said registration of the sale deed nor they were connected in any way for the alleged forged sale wherein applicant No.3 was shown as Sukhman and Sukhman was falsely identified by the other persons, hence, they may be granted bail.

4.

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

5.

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

6.

As per allegations applicants No. 1 and 2 executed a sale deed. Applicant No.3 was shown as Sukhman and the land recorded in the name of Sukhman 1.760 was sold by the applicant.

7.

On due consideration for the evidence collected by the prosecution in the matter, I am not inclined to grant bail to the applicants.

8.

Consequently, instant MCRC is hereby dismissed. Certified copy as per rules.

Sd/ (Chandra Bhushan Bajpai) JUDGE sunita