High Court Of ChhattisgarhMCRC/5087/2019allowed

Ajay Kumar & ANR. v. State Of Chhattisgarh

2019-10-23Hon'Ble Smt. Justice Rajani Dubey2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5087 of 2019

1. Ajay Kumar S/o Yadram Aged About 27 Years R/o Purana Bagpat, Police Station Bramhapuri, District Merath (Utter Pradesh)., District : Meerut, Uttar Pradesh

2. Sanjeev Kumar @ Sanju S/o Dharamveer Singh Aged About 35 Years R/o Mohalla Devdas, Village And Police Station Khatauli, District Mujaffarnagar Uttar Pradesh., District : Muzaffarnagar, Uttar Pradesh ---- Applicants

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Police Station Ambikapur, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------- For Applicant : Shri Ishwar Jaiswal, Advocate For Respondent/State : Shri Anil Tripathi, Panel Lawyer -------------------------------------------------------------------------------------------- Hon'ble Smt.Justice Rajani Dubey Order On Board 23.10.2019

1. Heard.

2. This is the first bail 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.88/2019, registered at Police Station Ambikapur, District Surguja(CG) for the offence punishable under Sections 420, 467, 468, 471, 34 of the IPC.

3. As per the case of prosecution, on the basis of forged and fabricated appointment order in Agriculture Department of Chhattisgarh State, the accused/applicants have obtained Rs.16,500/- from the complainant Ramkeval.

4. Learned counsel for the applicants submits that the applicants have not committed any offence and they have not obtained

any amount from the complainant and they have been arrested on the basis of memorandum of the co-accused. He submits that the applicants are in jail since 20.2.2019 and trial will take some time for its final disposal, therefore, the applicants may be released on bail.

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

6. Perused the entire material available on record.

7. Considering the facts and circumstances of the case, in particular the nature of allegations against the applicants and the fact that the applicants are in jail since 20.2.2019, I am of the opinion that present is a fit case to release the applicants on bail.

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

9. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in sum of Rs.50,000/- with two sureties each in like sum to the satisfaction of the concerned trial Court for their appearance before the said Court as and when directed till the disposal of the trial. 10.Certified copy as per rules.

Sd/ (Rajani Dubey) JUDGE sunita