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High Court Of ChhattisgarhMCRC/5287/2017allowed

Ashok Kumar Verma v. State Of Chhattisgarh

2017-11-03Hon'Ble Shri Justice Rajendra Chandra Singh Samant2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5287 of 2017 Ashok Kumar Verma S/o S/o Barelal Verma, Aged About 32 Years Presently R/o Jamul, District Durg Chhattisgarh, Permanent R/o Village Chicha P. S. Bori, Tahsil Dhamdha, District Durg Chhattisgarh. ---- Petitioner

Versus

State Of Chhattisgarh Through Station House Officer Police Station Golbazar, District Raipur, Chhattisgarh.

---- Respondent For the Petitioner :

Shri Rajesh Jain, Advocate.

For the Respondent/State :

Shri Neeraj Jain, G.A.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

03.11.2017 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.76 of 2017, registered at Police Station - Golbazar, Raipur, District - Raipur, 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 20.7.2017. The applicant is innocent and has been falsely implicated in this case. The case is triable by the Judicial Magistrate First Class and the conclusion of the trial is likely to take some time for its final disposal. 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. It is submitted that the applicant used a fake and forged mark-sheet to obtain appointment in this case. Hence, it is prayed that the applicant is not entitled for grant of bail. 4.

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

The case against the applicant is that post of Librarian and other posts were advertised to be filled by Jilla Panchayat, Raipur. The applicant presented his application alongwith mark-sheet, which was found forged on verification. Hence, on complaint made, the case was registered, investigated and the charge-sheet has been filed against the applicant. 6.

Considering all the submissions and as per the contents of the case diary, the applicant is in jail since 20.7.2017, the case is triable by the Judicial Magistrate First Class and no purpose would be served if the applicant was kept in detention for the whole period of trial, this application is allowed.

7.

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

8.

It is directed that the applicant shall be released on bail on 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/- (Rajendra Chandra Singh Samant) Judge Nimmi