Puniya Bai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7935 of 2021 Puniya Bai Wd/o Late Shri Rati Sarthi, aged about 45 years, Address Gelhapani Bhatta Dafai Chirmiri, District Koriya (Chhattisgarh) ---- Applicant

Versus

State of Chhattisgarh through: the Station House Officer, Police Station Ramanujnagar, District Surajpur(Chhattisgarh) ---- Respondent For Applicant :

Mr. Ashish Surana, Advocate For Respondent :

Mr. D.C. Verma, Govt. Advocate Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 27/10/2021 Heard.

1.

The applicant has preferred this first Bail Application under Section 439 of Code of Criminal Procedure, 1973 in connection with Crime No. 117/2021 registered at Police Station- Ramanujnagar, District Surajpur (C.G.) for the offence punishable under Sections 419, 420, 467, 468, 471 and 120/34 of the Indian Penal Code.

2.

Case of the prosecution in brief is that Complainant Manbodhani (henceforth 'the Complainant') was having jointly recorded property on her name and the applicant along with other persons. It is alleged that the applicant along with other co-accused persons executed a sale-deed of the

said property in favour of one Premlata by impersonating one Budhani as Manbodhani. When the complainant got knowledge about the execution of sale-deed, she lodged the report.

3.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. The applicant is illiterate person. He has not impersonated the co-owner and he is not beneficiary of the sale-deed, therefore, counsel for the applicant prays to release the applicant on bail.

4.

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

5.

I have heard counsel for the parties.

6.

Considering the facts and circumstances of the case, particularly the fact that the offence is triable by the JMFC, the applicant is in jail since 06/07/2021 and conclusion of trial is likely to take some time, I am of the view that it is fit case to enlarge the applicant on bail. 7.

Accordingly, the bail application is allowed. 8.

It is directed that the applicant shall be released on bail on his furnishing a personal bond of Rs. 10,000/- with one surety of the like sum amount to the satisfaction of the trial Court. Thereafter, the applicant shall appear before the trial Court on the dates given by the trial Court. Sd/- (Deepak Kumar Tiwari) Judge Rahul