Mantram And ANR. v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8264 of 2016

1. Mantram S/o Parasram Yadav Aged About 45 Years

2. Jaikumar S/o Parasram Yadav Aged About 41 Years Both are R/o Village Umaria, Chowki Saket, Police Station Patharia Civil & Revenue District Mungeli, Chhattisgarh. ---- Applicants

Versus

State Of Chhattisgarh Through, Chowki Saket, Police Station Patharia, Civil & Revenue District Mungeli, Chhattisgarh. ---- Respondent For applicants - Shri Ajay Kumar Dwivedi, Advocate. For Respondent/State - Shri Anil S. Pandey, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 22/12/2016 1.

The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No.184/2016 registered in Police Station Chowki Saket Thana Patharia District Mungeli for offence punishable under sections 420, 467, 468 and 471 of Indian Penal Code.

2.

As per the prosecution case, a report was made by one Ram Prakash that khasra No.199/9 and 200/7 situated at village Umariya the applicants got their name mutated. Firstly it was recorded in the name of their father, thereafter showing him died, got their name mutated, sold the same in the year 2015 though land belong to the complainant Ram Prakash through his ancestors.

3.

Learned counsel for the applicants submits that the applicants and the complainant infact are distant relation cousin and Ram Prakash has received his part of share by partition and he had no claim and the

applicants were bestowed with the ownership of the land, therefore no offence has been committed and they of their own right have sold the property, therefore the applicants may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the case diary and the documents. It appears that inter se between the family members dispute has arose. Taking into nature of allegation, it appears all the evidence are documentary in nature, charge sheet has been filed, this court is inclined to release the applicants on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicants shall be released on each of them furnishing personal bond for a sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of concerned trial court for their regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri