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High Court Of ChhattisgarhMCRC/8008/2021allowed

Ravi Kumar v. State Of Chhattisgarh

2021-10-28Hon'Ble Shri Justice Deepak Kumar Tiwari2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No.8008 of 2021 Ravi Kumar S/o Ujitram Aged About 30 Years R/o Village Ghinara, Tahsil And Police Station Kartala, District Korba (Chhattisgarh), ---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Shyang, District Korba (Chhattisgarh) ---- Non-Applicant For Applicant:

Shri NK Chhatterjee, Advocate.

For Non-Applicant/State :

Shri DC Verma, G.A.

Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 28.10.2021 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the Applicant, who has been arrested in connection with Crime No.15/2020 registered at Police Station - Shyang, District - Korba, Chhattisgarh for the offence punishable under Sections 420, 467, 468, 471 and 120-B/34 IPC. 2.

Prosecution case in brief is that Complainant namely Bhupendra Singh Markam has lodged a complaint alleging that the accused persons sold the government land situated at village Chirra, PH No.47 of RI Circle Barpali by hacking the login ID of the Patwari. 3.

Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the crime in question and is languishing in jail since 28.09.2020. He further submits that the coaccused Shyam Singh Rajput has been granted regular bail by this Court vide order dated 17.08.2021 passed in M.Cr.C No.5246/21 and other

connected matters and co-accused Md. Akram Siddiqui has been granted anticipatory bail in M.Cr.C(A) No.332/2021 and other connected matter and therefore, the Applicant may also be released on bail on similar grounds. 4.

Per contra, learned Counsel for the State opposed the bail application.

5.

Considering the facts and circumstances of the case, looking to the period of detention, the offence is triable by the JMFC, the fact that the coaccused have been granted bail by this Court and the trial is likely to take some time for its conclusion, I am inclined to grant regular bail to the Applicant.

6.

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

7.

It is directed that the Applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- with two sureties in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. In case any default is committed by the Applicant in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically. Sd/- (Deepak Kumar Tiwari) Judge Priya