Ugrasen Chouhan v. State Of Chhattisgarh

MCRC 8756/2020 & MCRC 8737/2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8756 of 2020 Harishankar Nayak S/o Bhujbai Nayak, Aged About 56 Years R/o Sakin Arekel Road, P.S. Bansula, Tehsil Basna, District Mahasamund Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer Of Police Station Basna, District Mahasamund Chhattisgarh ---- Non-Applicant MCRC No. 8737 of 2020 Ugrasen Chouhan S/o Dhanesh Kumar Chouhan Aged About 25 Years Caste- Ganda, Resident Of Village- Surangipali, Police Station And Tahsil- Basna, District- Mahasamund, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through- Station House Officer, Police StationBasna, District- Mahasamund, Chhattisgarh ---- Non-Applicant For Applicant : Shri Shailendra Dubey and Shri R. Pradhan, Advocates. For Non-Applicant : Shri Ravish Verma, Govt. Advocate. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 17/03/2021 :

1. The aforesaid MCrCs are being disposed of by this common order as they arise out of Crime No.487/2020 registered in Police Station Basna, District Mahasamund for offence under Section 409, 420, 466,

MCRC 8756/2020 & MCRC 8737/2020 467, 468, 471 and 120-B of the IPC.

2. These two applicants were posted as Patwari in different Halka numbers within Basna Tehsil of District Mahasamund where one Laxman Mishra was posted as Tehsildar, Basna prior to his retirement on 31.12.2018.

3. It is alleged that the applicants have prepared the seal of Tehsildar, Basna and used the same for preparation of 27 Rin Pustikas and forged the signatures of Laxman Mishra even after his retirement. 27 duly filled Rin Pustikas and one blank Rin Pustika have been recovered from the accused persons. The applicants have prepared the Rin Pustika by appending the forged signatures of Laxman Mishra but Rin Pustika has not been used for committing any further fraud or illegality nor the entries therein were forged, concocted or interpolated.

4. Considering that applicant Harishankar Nayak is in jail since 17.10.2020 and applicant Ugrasen Chouhan is in jail since 7.11.2020; offences are triable by the JMFC and the charge sheet has already been filed, I am inclined to release the applicants on bail.

5. Accordingly, the applications are allowed and the applicants are directed to be released on bail on each of them executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court. Sd/- Judge (Prashant Kumar Mishra) Barve