Ramnath Nirmalkar & ANR. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.7455 of 2018

1. Ramnath Nirmalkar, aged about 36 years, son of Harihar Prasad Nirmalkar, resident of Village & Police Station-Komakhan, TahsilBagbahra, District-Mahasamund (CG)

2. Anil Kumar Nirmalkar, aged about 34 years, son of Thanwar Nirmalkar, resident of Village-Lukupali, Police Station-Komakhan, Tahsil-Bagbahra, District-Mahasamund (CG) ---Applicants

Versus

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

Mr.Vikas Pradhan, Advocate For Non-Applicant :

Mr.Adi Raj Surana, Dy.G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 31/10/2018 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.140/2018, registered at Police Station-Mahasamund, District-Mahasamund (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 the applicants obtained ₹ 1,50,000/- from Central Bank in the name of Gangaram Sahu by producing forged documents of complainant Gangaram Sahu and thereby committed the aforesid 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 30.8.2018 and substantive investigation has been completed. 4.

On the other hand, learned counsel for the State would oppose the bail application and submit that the applicants have fabricated false documents for taking loan.

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, material against the present applicants and taking into account that the applicants are in jail for last two months, 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. It is directed that the applicants shall be released on bail on their furnishing a personal bond in the sum of Rs.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/-