Roshan Lashkar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.2656 of 2017 Roshan Lashkar, S/o Sadaram Lashkar, aged about 38 years, R/o Old Sarkandi Shivghat, Police Station Sarkanda, Tehasil & District Bilaspur (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through Police Station Golbazar, Raipur, District Raipur (C.G.) ---- Non-applicant For Applicant:

Mr. Sumit Jhanwar, Advocate.

For Non-applicant:

Mr. Neeraj Sharma, Deputy Govt. Advocate.

Hon'ble the Vacation Judge Order On Board 30/05/2017

1. Heard on the application under Section 439 of the CrPC for grant of bail.

2. It is submitted that the applicant has been arrested in connection with Crime No.20/2017 registered for offence under Sections 420, 468 and 471 of the IPC at Police Station Golbazar, Raipur, on 9-2-2017 and since then he is in jail. It is submitted that the applicant is innocent and has been falsely implicated. The applicant and number of other candidates applied for the post of Librarian/ Teacher (Panchayat) to the Zila Panchayat, Raipur in January, 2013. The documents of qualification submitted by the applicant and others were verified by the Guru Ghasidas University, Bilaspur and the report of the University shows that the marks sheet submitted by the applicant with respect to degree of Library Science was returned as not verified. It is further submitted that Police

Station Golbazar, Raipur has registered 32 similar cases against the candidates who had applied for the above mentioned post. Some of the candidates have been granted bail by this Court and the applicant also stands on the similar footing and is entitled for bail. Charge-sheet has been filed and the case before the trial Court is likely to take some time for its disposal. The applicant is willing to abide by all the conditions that may be imposed upon him while granting bail. Hence, it is prayed that the application be allowed.

3. Counsel for the State has opposed the bail application.

4. Perused the case diary of Crime No.20/2017.

5. An offence was registered in Police Station Golbazar, Raipur on the complaint made by the Chief Executive Officer, Zila Panchayat, Raipur against the applicant and two others in which it was alleged that the applicant submitted a fake marks sheet with respect to the degree of Library Science in proof of his qualification for the post applied to Zila Panchayat, Raipur. The case has been investigated and charge-sheet has been presented before the trial Court.

6. Learned counsel for the applicant has produced copies of orders passed by this Court in M.Cr.C.(A)Nos.323/2017, 324/2017, 339/2017, 350/2017 and M.Cr.C.No.1529/2017 in which the applicants-accused in similar case regarding submitting of fake marks sheet for the post of Librarian/Teacher (Panchayat) in the Zila Panchayat, Raipur, have been benefited with grant of bail. The applicant is a local resident of Bilaspur.

7. Looking to the facts and circumstances of this case and the fact that the case before the trial Court is likely to take some time for its disposal, it is a fit case where the applicant should be benefited with grant of bail. Hence, this application is allowed.

8. It is, therefore, directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court for his appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Vacation Judge Subbu