Raj Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6858 of 2018 Raj Kumar S/o Shri Mangal Ram Aged About 37 Years R/o Village Chanwaridand Police Station And Tahsil Khadgawa District Korea Civil And Revenue District Korea Chhattisgarh, District : Korea (Baikunthpur), Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Police Station Baikhunthpur District Korea Chhattisgarh, District : Korea (Baikunthpur), Chhattisgarh. ---- Respondent For the Applicant :

Shri Manoj Kumar Sinha, Advocate.

For the Respondent/State :

Shri Anil S. Pandey, G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

22.10.2018 Heard.

1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.87 of 2018, registered at Police Station - Baikunthpur, District Korea, Chhattisgarh for the offence punishable under Sections 420, 467, 468 and 471/ 34 of the Indian Penal Code. 2.

Learned counsel for the applicant submits that the applicant is in jail since 29.5.2018 and has been falsely implicated in this case. No case is made out against the applicant on the basis of the material placed before the Court by the prosecution. Similarly placed co-accused - Chandra Shekhar has been granted regular bail by this Court in M.Cr.C. No.5292 of 2018, vide order dated 17.8.2018. Hence, it is prayed that the applicant be enlarged on bail.

3.

On the other hand, learned counsel for the State opposes the bail application and the submissions made in this respect. 4.

Heard counsel for both the parties and perused the case diary. 5.

The prosecution case is that the applicant alongwith co-accused - Chandra Shekhar forged Rin Pustika which was made use of for furnishing bail bonds before the Court. After lodging of FIR, the case has been investigated and the charge-sheet has been filed. 6.

Considering the material present in the case-diary and similarly placed co-accused - Chandra Shekhar has been granted regular bail by this Court, this application deserves to be allowed.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant shall 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 trial Court, for his appearance as and when directed. In case any default is committed by the applicant/s in appearing before the concerned trial Court, this order granting bail shall stand cancelled automatically.

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi