Zahir Ahmed Siddiqui v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2820 of 2017 Zahir Ahmed Siddiqui, S/o. Late Aftab Ahmed Siddiqui, Aged About 54 Years, R/o. Village Mahapalli, Police Station Chakradhar Nagar, Raigarh, At Present R/o. Shadandi Colony, Circuit House, Raigarh, Tahsil & District Raigarh, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through Station House Officer, Police Station Chakradhar Nagar, District Raigarh, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Ashish Gupta, Advocate For Respondent :

Mr. Anupam Dubey, Dy. Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 04.05.2017 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.14/2017 registered at Police Station- Chakradhar Nagar, District Raigarh (C.G.) for the offence punishable under Section 420, 467, 468, 471, 120(B), 419/34 of Indian Penal Code. The first bail application was dismissed as withdrawn on 27.02.2017 with liberty to repeat the same after filing of the charge sheet. 2.

As per the prosecution case, a report was made by Jaidev Dhoba on 14.01.2017 that when he went to take out copy of the documents, it revealed that the sale deed has been made in respect of his land by false personification of village Kotaraliya and the present applicant has identified the seller as Jaidev Dhoba. Thereby, the offence has been committed.

3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is not the beneficiary. He further submits that this is the second bail application, the first bail application was dismissed as withdrawn on 27.02.2017 with liberty to repeat the same after filing of the charge sheet and now the charge sheet has been filed and no further investigation is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.

Perused the case diary and the documents. Considering the fact that the charge sheet has been filed and all the evidence prima facie appears to be documentary in nature and the applicant is in jail since 16.01.2017, 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