High Court Of ChhattisgarhMCRC/6111/2017allowed

Gopal And ORS. v. State Of Chhattisgarh

2017-12-04Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6111 of 2017

1. Gopal, S/o Prayag, aged about 47 years,

2. Kamla Devi, W/o Gopal, aged about 42 years,

3. Mahadev, S/o Raghunandan Yadav, aged about 40 years, All resident of village Palagi, Police Station Trikunda, District Balrampur-Ramanujganj (CG) ---- Applicant

Versus

• State Of Chhattisgarh Through Police Station Trikunda, District Balrampur - Ramanujganj, Chhattisgarh ---- Non-Applicant For Applicants : Shri A.K. Yadav, Advocate.

For Non-Applicant : Shri Adhiraj Surana, Deputy GA. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 04/12/2017

1. The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No.22/2016, registered at Police Station : Trikunda, District Balrampur - Ramanujganj for offence under Sections 420, 467, 468 and 471/34 of the IPC.

2. Complainant Ram Naresh Yadav are 4 brothers namely, Ram Naresh, Harihar, Daya Shankar and Ram Lakhan. It is said that they have not partitioned their joint family property, yet the accused persons persuaded Harihar to execute the sale deed and in the said transaction, they used a deed of consent allegedly signed by Ram Naresh, Daya Shankar and Ram Lakhan, even though they have not

signed any such document. Thus on the basis of forged consent letter Harihar executed the sale deed for about 65 decimal of land for Rs.1.32 lakhs in the name of applicant No.2 Kamla Devi. It is also alleged that at the time of execution of sale deed, the applicants allured Harihar by showing Kamla Devi as his prospective wife.

3. Learned State Counsel would oppose the prayer for grant of bail.

4. Considering the fact that the offences are triable by the JMFC; one of the applicants is a lady aged about 42 years; the applicants are in jail since 21.7.2017; investigation is complete and the charge sheet has already been filed, this Court is inclined to release the applicants on bail.

5. Accordingly, the application is allowed and the applicants are directed to be released on bail on each of them executing a personal bond for a sum of Rs.25,000/- with one surety for the like amount to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given by the said Court. Sd/- Judge (Prashant Kumar Mishra) Barve