Narayan Prasad v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2172 of 2017 Narayan Prasad, S/o. Aajuram, Aged About 25 Years, R/o. Village- Putki Khurd, Police Station- Pandariya, Tahsil Pandariya, Civil & Revenue District- Kabirdham, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through Station House Officer, Police Station- Civil Line, Raipur, District- Raipur, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Dharmesh Shrivastava, Advocate For Respondent :

Mr. O.P.Sahu, Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 07/04/2017 1.

This is the second bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.201/2016 registered at Police Station- Civil Line Raipur, District Raipur (C.G.) for the offence punishable under Section 420 of Indian Penal Code.

2.

As per the prosecution case, the applicant on the basis of the forged mark sheets of 10th, 12th & B.A.-III year obtained the job of Teacher in Panchayat and imparted education at Parastarai School at Vikas Khand Dharsiwa.

3.

Learned counsel for the applicant would submit that this is the second bail application, the earlier bail application was dismissed as withdrawn on 14.02.2017 with liberty to repeat the same after filing of the charge sheet. He submits now the charge sheet has

been filed and no further investigation is necessary, therefore, the applicant may be released on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Considering the facts and circumstances of the case, nature of allegation and the fact that the charge sheet has been filed and the applicant is in jail since 26.12.2016, I am inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed.

7.

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. Sd/- (Goutam Bhaduri) Judge Ashok