Vijay Kumar Sao v. State Of Chhattisgarh
HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5932 of 2016 Vijay Kumar Sao, S/o. Late Ram Kumar, Aged about 40 years, Caste Sao, R/o. Village Dongri (wrongly mentioned as Domri), Police Station Balouda, District Janjgir-Champa (C.G.).
---- Applicant
Versus
State Of Chhattisgarh, Through the Station House Officer, Police Station Balouda, District Janjgir-Champa (C.G.).
---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :
Mr. Ashok K. Shukla, Advocate For Respondent :
Mr. Neeraj Jain, Govt. Advocate -------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 28.09.2016 1.
This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.60/2016 registered at Police Station- Balouda, District Janjgir-Champa (C.G.) for the offence punishable under Section 420, 467 & 468/34 of Indian Penal Code.
2.
As per the prosecution case, the applicant in connivance with the other co-accused added Khasra number and Area of the land of other farmers to his Rin-pustika to obtain loan from the Bank; thereby the offence has been committed.
3.
Learned counsel for the applicant would submit that the charge sheet in this case has been filed and no further investigation is necessary and all the offences are documentary in nature. He further submits that the similarly placed co-accused Prabha Devi has been enlarged on bail by this Court in MCRC No.4721 of 2016
on 24.08.2016, therefore the present applicant may also be released on bail.
4.
Per contra, learned State counsel opposes the prayer for grant of bail, however, he do not dispute the fact that the similarly placed co-accused has been enlarged on bail.
5.
Perused the case diary and the documents. Considering the facts & circumstances, nature of offence and degree of allegation and the fact that the charge sheet has been filed and the similarly placed co-accused has already been enlarged on bail, I am inclined to release the applicant on bail.
6.
Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.
7.
It is directed that the 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. Sd/- (Goutam Bhaduri) Judge Ashok