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High Court Of ChhattisgarhMCRCA/653/2017allowed

Sanjay Kumar Sharma v. State Of Chhattisgarh

2017-11-21Hon'Ble Shri Justice Rajendra Chandra Singh Samant3 pages

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 653 of 2017 • Sanjay Kumar Sharma S/o Shri Nand Kumar Sharma, Aged About 36 Years R/o New Changorabhata, Raipur, District Raipur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Gol Bazar, District Raipur, Chhattisgarh.

---- Respondent __________________________________________________________ For Applicant :

Mr. Mateen Siddiqui, Advocate.

For Respondent :

Mr. Neeraj Jain, Govt. Advocate.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 21/11/2017

1. Apprehending arrest in connection with Crime No.179/2017 registered at Police Station- Gol Bazar, District - Raipur(C.G.), for offence punishable under Sections 420, 467, 468, 471 and 34 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 is innocent and has been falsely implicated in this case. The case against the applicant is triable by Judicial Magistrate. The matter is related to the appointment to various posts advertised by Zila Panchayat, Raipur, in which, it was detected of verification that various candidates filed mark-sheets which were forged or fake. Almost 32 cases were registered after a lapse of 4 years. In most of the cases, the

Page No.2 accused/applicants on the same footing have been granting by the bail by co-ordinate Bench of this Court, hence, prayed that he may be granted anticipatory bail.

3. Learned counsel for the State opposes the bail application and submissions made in this respect.

4. The facts of the case are these, that applicant applied for post of Lecturer advertised by Zila Panchayat, Raipur. Documents submitted by the applicants along with his application the certificate. Some credentials filed by the applicant showing his qualification for appointment were found forged on verification from the concerned institutions, hence, the case has been registered against the applicant, the investigation is pending.

5. Considering the submissions made and the contents of the case diary, taking into consideration and this fact that similarly placed accused persons have been benefited with grant of regular as well as anticipatory bail, I am of this view that applicant is also entitled to be granted anticipatory bail, hence, bail application is allowed.

6. Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicants in connection with the aforesaid offence, he shall be released on bail by the officer arresting him on their 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 themselves available for interrogation before the investigating officer as and when required;

Page No.3 (ii) that the applicant shall not, directly or indirectly, make any 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 them by the said Court till disposal of the trial.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge NIsha