High Court Of ChhattisgarhMCRC/7135/2017allowed

Kanhaiya Rao v. State Of Chhattisgarh

2017-12-11Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7135 of 2017 Kanhaiya Rao S/o Degree Lal Rao, Aged About 26 Years R/o Village Khairpur, Sitapurpara, P.S. Kotararoad, Tahsil & District Raigarh, Chhattisgarh --- Petitioner

Versus

State of Chhattisgarh through the Station House Officer, Police Station Lakhanpur, District Surguja, Chhattisgarh --- Respondent For the applicant :

Mr. N.K. Chatterjee, Advocate For the Respondent :

Mr. Anupam Dubey, Dy.Govt. Adv.

Hon'ble Shri Justice Goutam Bhaduri Order on Board .12.2017

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 118/2017 registered at Police Station Lakhanpur, Distt. Surguja (C.G) for the for the offences punishable under Sections 420, 467, 468, 471/34 of IPC.

2. As per the prosecution case, one Vikas Garg has made a report on 11.07.2017 that one Shriram Paikra has approached for driving the car of complainant but his driving licence was subjected to enquiry and on such enquiry, it was revealed that the licence was not issued by the RTO and it was a fake license. It is alleged the present applicant has prepared the fake licence and gave it to Shriram Paikra

3. Learned counsel for the applicant would submit that the applicant has been falsely implicated; charge sheet has been filed and the applicant and his wife both are disabled persons

and the applicant is disabled to the extent of 45%. He referred to the disability certificate and prays for releasing the applicant on bail.

4. On the other hand, learned State Counsel opposes the bail application.

5. Considering the facts and circumstances of the case especially the facts that the charge sheet has been filed; the applicant appears to have been a disabled person and he is stated to be in jail since 08.10.2017 and further looking to the nature of allegations against him, I am inclined to allow this bail application.

6. Accordingly, this application is allowed and the applicant is directed to be released on bail on his executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance before the said Court as and when directed. C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o