Sharad Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.8847 of 2021

1. Sharad Kumar son of Lochan Sahu, aged about 44 years, resident of Bachhera,Tahsil Pathariya, District Mungeli, Chhattisgarh

2. Poonam Kumar, son of Manohar Ram Sahu, aged about 35 years, resident of village Siltara, Tahsil Pathariya, District Mungeli, Chhattisgarh ---Applicants

Versus

State of Chhattisgarh Through Station House Officer, Police Station Mungeli, District Mungeli (CG) ---Non-Applicant For Applicants :

Mr.Ashok Dixit, Advocate For Non-Applicant/State :

Mr.Anshuman Shrivastava, P.L.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 17/12/2021 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 applicants who have been arrested in connection with Crime No.189/2021, registered at Police Station-Mungeli, District-Mungeli (CG), for the offence punishable under Sections 420, 467, 468 and 471/34 of the IPC.

2.

Case of the prosecution, in brief, is that one Dharmendra has withdrawn an amount of ₹12,500/- from his mother's account deceased Prembai Dhruv and forged letter has been issued by the present applicants and thereby committed the offences. 3.

Learned counsel for the applicants would submit that the

applicants have not committed any offence and they have falsely been implicated in crime in question. He would further submit that the applicants are in jail since 20.10.2021 and charge-sheet has already been filed and as such, the applicants may be enlarged on regular bail. 4.

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

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts & circumstances of the case, nature & gravity of the offence, role of the present applicants, their pretrial detention from 20.10.2021 and the manner in which the offence is said to have been committed, this Court is of the opinion that present is a fit case, in which, the applicants should be enlarged on regular bail. 7.

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

8.

It is directed that the applicants shall be released on bail on their furnishing a personal bond in the sum of ₹25,000/- each with one surety in the like sum to the satisfaction of the concerned trial Court, for their appearance as and when directed.

Sd/- (Sanjay K. Agrawal) JUDGE B/-