Shiv Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5225 of 2019 • Shiv Kumar, aged about 48 years, S/o Prem Lal Sahu, R/o village Dhardei, P.S. Shivrinarayan, District Janjgir - Champa (C.G.) ---- Applicant

Versus

• State of Chhattisgarh Through : Station House OfÏcer, Police Station - Janjgir, District Janjgir-Champa (C.G.) ---- Respondent For Applicant :

Shri Ravindra Sharma, Advocate For Respondent :

Ms. Reena Singh, P.L.

Hon'ble Smt Justice Rajani Dubey Order on Board /10/2019 1.

The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime No.195/2017, registered at Police Station - Janjgir, District Janjgir-Champa, (C.G.) for the offence punishable under Sections 409, 420, 467 & 471 of IPC.

2.

The prosecution story, in brief, is that the applicant has made forge signature of the Sarpanch of village Munund, Tahsil Jangir, District Janjgir-Champa and has withdrawn amount of Rs.11,96,000/- and thereby committed the offence. Based on this, offence has been registered. Present applicant has been taken into custody on 27.07.2019.

3.

Learned counsel for the applicant submits that the applicant

is innocent and has been falsely implicated in the case. He further submits that there is no evidence that the present applicant made forge signature of the village Sarpanch, and after the inquiry of the Janpad Panchayat, the Jilha Panchayat suo motu initiated the inquiry against the applicant. He also submits that the applicant is in custody since 27.07.2019, charge sheet has not been filed and there is no likelihood of his case being decided in near feature. Therefore, he may be released on bail.

4.

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

5.

I have heard learned counsel for the parties and perused the record.

6.

Considering the facts and circumstances of the case, in particular the quality of evidence, and further considering the fact that the applicant is in custody since 27.07.2019 and the trial is likely to take some time, without further commenting on merits of the case, I am inclined to release him on bail. 7.

Accordingly, the bail application is allowed. 8.

It is directed that the Applicant shall be released on bail on his executing a personal bond for a sum of Rs.1,00,000/- with one solvent surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed.

Sd/- (Rajani Dubey) Judge vijay