Tarachand Jagdalle v. The State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6427 of 2017 • Tarachand Jagdalle S/o Gandhiram Jagdalle Aged About 49 Years R/o Shantinagar, Ward No. 11, Chikhili, Thana Kotwali, District Rajnandgaon, Chhattisgarh.

---- Applicant

Versus

• The State Of Chhattisgarh Through Police Station Ambagarh Chowki, District Rajnandgaon, Chhattisgarh.

---- Respondent ____________________________________________________________ For Applicant :

Mr. Parag Kotecha, Advocate.

For Respondent/State :

Mr. Neeraj Jain, Govt. Advocate.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 04/12/2017

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicants who have been arrested in connection with Crime No. 130/2016, registered at Police Station- Ambagarh Chowki, District - Rajnandgaon(C.G.) for the offence punishable under Sections 420, 467, 468, 471/34 of the Indian Penal Code (for short 'IPC').

2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. The Rin Pustika that was presented for verification of applicant as surety, was not a false Rin Pustika. After the completion of investigation, the verification report given by Revenue Department shows that applicant had been coowner of the landed property along with his brother, hence, no case is made out against him of the offences as alleged. It is prayed that

Page No.2 applicant be granted be regular bail.

3. Learned counsel for the State opposes and submits that the case against the applicant is this, that applicant presented himself as a surety for accused before the Court of Additional Sessions Judge, Rajnandgaon. The Court had doubt on the Rin Pustika produced for verification of the solvency, on which the Rin Pustika was sent for verification and also a memo was sent to the Police-station-Ambagarh Chowki, District-Rajnandgaon, on the basis of which FIR has been registered against the applicant.

4. Heard both the parties and perused the case diary.

5. Considering the submissions made and the contents of the case diary, taking into consideration the report given by the Revenue Officer regarding the verification made about the solvency of the applicant, I am of this opinion that this is a fit case where the applicant should be enlarged on bail.

6. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on furnishing a personal bond for a 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/- (Rajendra Chandra Singh Samant) Judge Nisha