Satya Prakash And ORS. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6444 of 2019 • Satpal Singh S/o Late Amar Singh Aged About 39 Years R/o Village And Post Ballabhagarh, Adarsh Nagar Gali No. 2, House No. 422, Police Station Ballabhnagar (Faridabad) Haryana., ---- Applicant
Versus
• State Of Chhattisgarh Through Station House Officer, Police Station Utai, District Durg Chhattisgarh., District : Durg, Chhattisgarh ---- Respondent MCRC No. 6506 of 2019
1. Satya Prakash And Ors. S/o Bugal Singh Aged About 22 Years R/o Village - Pelku, Tahsil - Goverdhan, District - Mathura ( U.P.)
2. Rahul S/o Fatteram Aged About 22 Years R/o Village - Sakoli, Tahsil - Goverdhan, District - Mathura ( U. P. )
3. Hemant Singh S/o Prahlad Sogarwal (Wrongly Metioned As Sogarwalo Only ) Aged About 23 Years R/o Quarter No. 225/a, T.R.D. Railway Colony, Bharatpur (Rajasthan )
4. Vikash S/o Laxman Aged About 23 Years R/o Village - Manpur, Tahsil - Hathin , District - Palval, Haryana State - 121105 ---- Applicants
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• State Of Chhattisgarh Through Station House Officer, Police Station - Utai, District - Durg Chhattisgarh. ---- Respondent MCRC No. 6530 of 2019 • Dharmendra Jhat S/o Shree Sanjay Kumar Aged About 23 Years R/o Shakin - Buravas, Tehsil - Shalavas District - Jhajhhar ( Haryana ) ---- Applicant
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• State Of Chhattisgarh Through The District Magistrate, District Durg Chhattisgarh.
---- Respondent MCRC No. 6531 of 2019 • Ashish Jhat S/o Shree Rajkumar Jhat Aged About 20 Years R/o Shakin, Madhogarh, Ho. No. 297, Gali No. 2, Thana - Satnali, District - Mahendragarh (Haryana ) ---- Applicant
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• State Of Chhattisgarh Through The District Magistrate, District Durg Chhattisgarh.
---- Respondent MCRC No. 6597 of 2019 • Rohit Poswal S/o Prem Singh Aged About 23 Years Resident Of Village - Fulwadi, Post Office - Asavata, Tahsil And District Palaval, Haryana State......(In Jail), Haryana ---- Applicant
Versus
• State Of Chhattisgarh Through Station House Officer Police Station - Utai, District - Durg Chhattisgarh. ---- Respondent For Applicants : Shri Anil S.Pandey, Shri Shikhar Bakhtiyar and Shri Ashutosh Mishra, counsels for the respective parties.
For Respondent : Shri Anurag Verma, PL Hon'ble Smt. Justice Rajani Dubey Order On Board
18/11/2019 As all these M.Cr.C's arise out of the same crime number they are being disposed of by this common order.
The applicants have filed these applications under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No. 273/2019 registered at police station Utai, district Durg (CG) for the offence punishable under Sections 419,420,467,468 and 120-B IPC.
Case of the prosecution in brief is that the complainant lodged a report alleging that forged and fabricated caste and domicile certificates have been submitted by 32 persons at the time of recruitment to the post of Constable in CISF. Counsel for the applicants submit that the applicants have been falsely implicated in the crime in question and that they are students pursuing their studies and had come from different states. It is submitted that the charge sheet has been filed and as per the report of the Tahsildar, the certificates were not found forged. It is submitted that the applicants are in jail since 14.08.19 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion therefore they may be released on bail.
On the other hand, learned counsel for the State opposes the bail applications.
Considering the totality of the facts and circumstances of the case, in particular the detention period of the applicants, I am inclined
to release them on regular bail. Accordingly, their applications filed under Section 439 of the Code of Criminal Procedure are allowed. It is directed that in the event of the applicants' furnishing a personal bond of Rs. 25,000/- each with two local sureties in the like sum to the satisfaction of the concerned court for their appearance before it as and when directed, they shall be released on bail. Sd/- (Rajani Dubey) Judge suguna