Rewaram Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8516 of 2016 • Rewaram Sahu S/o Bhonduram Sahu Aged About 52 Years R/o Village Dongariya (Kodiya) Police Station Nandani Nagar, Durg, Civil & Revenue District Durg, Chhattisgarh. --- Applicant

Versus

• State of Chhattisgarh through District Magistrate, Durg District Durg, Chhattisgarh Police Station Dhamdha, Civil & Revenue District Durg, Chhattisgarh. --- Respondent For the applicant :

Mr. Kripesh Kela, Advocate For the Respondent :

Mr. Anil S. Pandey, Govt. Adv.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 10.01.2017

1. This is 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. 250/2016 registered at Police Station Dhamdha, Civil & Revenue District Durg (C.G) for the offence punishable under Sections 420, 467, 468, 471, 34 of IPC.

2. As per the prosecution case, a report was made by complainant Vimal Daga that he entered into an agreement on behalf of his wife to purchase the land of Baluram Sahu and Rs.13, 61,600/- was paid to Manoj Soni who was a land broker. Subsequently when the sale deed was executed on 01.109.2015 on the basis of the Rin Pustika and other revenue documents like B-1 P-2 etc., which were found to be forged and the government land was sold showing the land to be that of Balu Ram. It is alleged that the present

applicant while executing the sale deed identified Balu Ram being his son-in-law and in the said deed Haldar Gupta had given the forged seal of Tahsildar and Sayyad Gaffar Ali had forged the other documents.

3. Learned counsel for the applicant would submit that the applicant has only identified Balu Ram being the son-in-law and the sale consideration has not been received. It is further submitted that the charge sheet in this case has been filed and the applicant is in jail since 01.09.2016, therefore, he may be enlarged on bail.

4. Per contra, learned State Counsel opposes the bail.

5. Perused the case diary and other documents.

6. Considering the nature of allegations levelled against the applicant and the facts and circumstances of the case especially the fact that the charge sheet has been filed and the applicant is in jail since 01.09.2016 and the evidence available in this case appears to be documentary in nature, I am inclined to release him on regular bail.

7. Accordingly, the bail 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. He shall also appear before the trial Court as and when directed by the said Court till disposal of the trial.

C.c.

as per rules.

Sd/- GOUTAM BHADURI JUDGE R a o