Jaisingh Nishad @ Bouwa v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6174 of 2018 Jaisingh Nishad @ Bouwa S/o Shri Dayaram Nishad Aged About 66 Years R/o Village Kesla Post Office Police Station Arang District Raipur Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station Kharora, District Raipur Chhattisgarh. ---- Respondent For the Applicant :

Shri Shivendu Pandya, Advocate For the State :

Shri Neeraj Sharma, Dy. Govt. Advocate ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /10/2018

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the counsel for the State in connection with the Crime No. 76/2018 registered at Police Station Kharora, District Raipur (C.G.) for the offence punishable under Sections 420, 467 468 & 471, 419 & 120(B), 34 of IPC.

3. Case of the prosecution, in brief is that applicant had obtained Rs.1 Lakh agriculture loan from the Dena Bank, Branch Bana Kosrangi furnishing forged documents. Co-accused Dhanush Das and Kamlesh Sahu had prepared forged Rin Pustika and other documents.

4. Learned counsel for the applicant submits that applicant is innocent and falsely implicated in the present case, therefore, he shall be released on bail.

5. On the other hand, learned counsel for the State opposes the bail application. He further submits that there is no antecedents against the applicant.

6. Looking to the above mentioned facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, the trial will take its own time and all the offences are triable by Judicial Magistrate First Class, this Court is inclined to give the benefit of Section 439 of the Cr.P.C. to the present applicant.

7. Consequently, the bail application filed under Section 439 of the Cr.P.C., is allowed. It is directed that if the applicant furnishes one solvent surety for a sum of Rs. 25,000/- along with a personal bond in the like sum to the satisfaction of the concerned Court with the condition that he shall appear before the trial Court at 11.00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

8. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde