Vyas Narayan Baghel v. State Of Chhattisgarh
Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 605 of 2017 • Vyas Narayan Baghel S/o Ramchandra Baghel Aged About 22 Years R/o Village-Gailugaon Tehsil-Lormi, Police Station-Lormi, DistrictMungeli,chhattisgarh. ---- Application
Versus
• State Of Chhattisgarh Through S.H.O. Police Station- Gol Bazar, Dsitrict-Raipur, Chhattisgarh.
---- Respondent __________________________________________________________ For Applicant :
Mr. Vimlesh Bajpai, Advocate For Respondent :
Mr. Vinod Tekam, Panel Lawyer ------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 24/10/2017
1. Apprehending arrest in connection with Crime No.75/2017 registered at Police Station- Gol Bazar, District - Raipur (C.G.), for offence punishable under Sections 420,467,468 and 471 of the Indian Penal Code (for short 'IPC'), the applicant has preferred this application for grant of anticipatory bail.
2. Learned counsel for the applicant submits that applicant has been falsely implicated in this case. The alleged take mark-sheet that was for job interview before the Zila Panchayat, Raipur has not given any benefit to the applicant and he was not appointed in the job, hence, no act of cheating, fraud etc. has been committed in this case. It is prayed that applicant be benefited with grant of anticipatory bail. He further submits that the accused in similar cases about filing of forged mark-
Page No.2 sheets have been benefited with grant of anticipatory bail by Coordinate Bench of this Court in MCRC(A) No.323 of 2017 and others by order dated 10.05.2017.
3. Learned counsel for the State opposes the application and submissions made in this respect. It is submitted that applicant being an aspirant of the job advertised by Zila Panchayat, Raipur, resorted to file mark-sheet purporting to be issued by GGUI, Bilaspur showing him qualified as B.Lib and I.Sic. On verification, which was found to be forged, hence, this is an offence against morality for which he is not entitled for grant of anticipatory bail.
4. Heard both the parties and perused the case diary.
5. Looking to the facts and circumstances of the case and taking into consideration of this fact that in similar cases the accused persons have been benefited with grant of anticipatory bail by Co-ordinate Bench of this Court, hence, this case cannot be singled out as a different case, hence, taking into consideration these facts, the application is allowed.
6. Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail by the officer arresting him on executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating Officer. The applicant shall also abide by the following conditions :
(i) that the applicant shall make himself available for interrogation before the investigating officer as and when required; (ii) that the applicant shall not, directly or indirectly, make any
Page No.3 inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer;
(iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules.
Sd/- (Rajendra Chandra Singh Samant) Judge NIsha