Rojlina Minj And ANR. v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2517 of 2017

1. Rojlina Minj & Anr. S/o Sukhu Minj, Aged About 45 Years R/o Podi Khurd, Police Station Shankargarh, District Balrampur, Chhattisgarh.

2. Sushil Minj, S/o Sukhu Minj, Aged About 50 Years R/o Podi Khurd, Police Station Shankargarh, District Balrampur, Chhattisgarh. ---- Applicants

Versus

• State Of Chhattisgarh Through The Police Station Shankargarh, District Balrampur, Chhattisgarh.

---- Respondent __________________________________________________________ For Applicant :

Mr. Satish Chandra Verma, Advocate For Respondent :

Mr. Anil S. Pandey, Govt. Advocate.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 04/01/2018 1.

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

2.

Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in this case. Applicants are in jail since 18.11.2016. The case against them is triable by Judicial Magistrate First Class. Charge-sheet has already been filed and trial has not progressed so far, applicants are local residents and they are

Page No.2 willing to abide all the conditions and direction, which may be imposed while granting bail to the applicants. Hence, it is prayed that applicants be enlarged on bail.

3.

Learned State counsel opposes the bail application and submissions made in this respect.

4.

Heard both the parties and perused the case diary. 5.

The case against the applicant is this, that a forged death certificate was prepared by co-accused persons which was used to execute a sale-deed by another co-accused person impersonating as the daughter of the said deceased land owner, in which, both the applicants attested the sale-deed as witnesses.

6. Considering the submissions made, contents of the case diary, and that the applicants are local residents of District-Balrampur and the trial of the case is likely to take some time for its disposal. In this situation, no useful purpose would be served by keeping the applicants in jail till the conclusion of trial, hence, it is a fit case where the applicants should be enlarged on bail.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicants shall be released on bail on their furnishing a personal bond for a sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. Sd/- (Rajendra Chandra Singh Samant) Judge Nisha