Ran Say Sidar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6485 of 2016 • Ran Say Sidar S/o Shri Pakar Say Aged About 45 Years Caste Gond, R/o Village Godhikala, Police Station & Tahsil Patthalgaon, Civil & Revenue District Jashpur, Chhattisgarh.

---- Petitioner

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Patthalgaon, District Jashpur, Chhattisgarh.

---- Respondent -------------------------------------------------------------------------------------------------------------- For Applicant :

Mr. Sunil Sahu, Advocate For Respondent/State :

Mr. Anupam Dubey, Dy.G.A.

------------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 24-10-2016 1.

This is the first bail application filed under Section 439 of the Cr.P.C., for grant of regular bail to the applicant who has been arrested on 27-5-2016 in connection with Crime No.86 of 2016 registered at Police Station Patthalgaon, District Jashpur (CG) for the offence punishable under Sections 420, 467, 468, 471 and 120B of the IPC 2.

Case of the prosecution, in brief, is that on 19-1-2016 the applicant made a complaint to Collector, Jashpur that he sold the land bearing Khasra No. 167/1 to Lakra and out of execution of sale deed, sale consideration was not paid to him and only Rs.300/- was paid. On enquiry it was found that no land is existing in Khasra bearing No.167/1 and by expanding area, false sale deed was executed and thereby the aforesaid offence was committed.

3.

Learned counsel appearing for the applicant would submit that the applicant has been falsely implicated in the case and the land was sold according to holding and instead though the applicant had made a complaint, he has been inculpated in this case. He would further submit that charge-sheet has been filed in this case, the applicant is in jail since 27-5-2016 and no further investigation is necessary, therefore he may be enlarged on bail. 4.

Per contra, learned State counsel opposes the prayer for grant of bail application.

5.

I have heard learned counsel for the parties, perused the case diary, documents and statements which would show that all the evidence appear to be documentary in nature.

6.

Considering all the facts and circumstances of the case, nature of evidence which appears to be documentary in nature and further considering the fact that the charge-sheet has been filed and the applicant is in jail since 27-5-2016, this Court is inclined to release the applicant on bail.

7.

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

Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Raju