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High Court Of ChhattisgarhMCRC/7420/2019allowed

Kamlesh Sahu v. State Of Chhattisgarh

2019-12-09Hon'Ble Smt. Justice Rajani Dubey3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6612 of 2019 • Kamlesh Sahu S/o Shri Vishambhar Sahu Aged About 33 Years, R/o Village Amodi Thana Aarang, District Raipur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through : The Police Station Kharora, District Raipur Chhattisgarh.

---- Respondent MCRC No. 6546 of 2019 • Kamlesh Sahu S/o Shri Vishambhar Sahu Aged About 33 Years, R/o Village Amodi Thana Aarang, District Raipur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through : The Police Station Aarang District Raipur, Chhatisgarh.

---- Respondent MCRC No. 6667 of 2019 • Kamlesh Sahu S/o Shri Vishambhar Sahu Aged About 33 Years, R/o Village Amodi Thana Aarang, District Raipur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through : The Police Station Kharora, District Raipur, Chhattisgarh.

---- Respondent MCRC No. 6670 of 2019 • Kamlesh Sahu S/o Shri Vishambhar Sahu Aged About 33 Years, R/o Village Amodi Thana Aarang, District Raipur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through : The Police Station Kharora, District Raipur, Chhattisgarh.

---- Respondent MCRC No. 6989 of 2019 • Kamlesh Sahu S/o Shri Vishambhar Sahu Aged About 33 Years, R/o Village Amodi Thana Aarang, District Raipur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through : The Police Station Aarang, District Raipur, Chhattisgarh.

---- Respondent

MCRC No. 7143 of 2019 • Kamlesh Sahu S/o Shri Vishambhar Sahu Aged About 33 Years, R/o Village Amodi Thana Aarang, District Raipur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through : The Police Station Aarang, District Raipur, Chhattisgarh.

---- Respondent MCRC No. 7420 of 2019 • Kamlesh Sahu S/o Shri Vishambhar Sahu Aged About 33 Years, R/o Village Amodi Thana Aarang, District Raipur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through The Police Station Kharora, District Raipur, Chhattisgarh.

---- Respondent MCRC No. 7707 of 2019 • Kamlesh Sahu S/o Shri Vishambhar Sahu Aged About 33 Years, R/o Village Amodi Thana Aarang, District Raipur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through : The Police Station Aarang, District Raipur, Chhattisgarh.

---- Respondent For Applicant :

Mr. R. K. Gupta, Adv.

For Respondent/State :

Mr. Vinod Kumar Tekam, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 09/12/2019

1. As the applicant in all the above 8 bail applications is one and same, they are being heard and disposed of by this common order.

2. The accused/applicant has moved these applications under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime Nos. 73/2018, 71/2018, 75/2018, 72/2018 registered at Police Station-Kharora, District-Raipur (C.G.) and Crime Nos. 167/2016, 184/2016, 161/2016 and 183/2016 registered at Police Station-Aarang, District-Raipur (C.G.) for the

offence punishable under Sections 420, 467, 468, 471, 120-B and 34 of the IPC.

3. The prosecution story, in brief, is that the applicant was working as patwari at the relevant time, he was a party in the offence of preparing forged Rin-pustika, which was used for obtaining Bank Loan. It has been alleged that subsequently the loan was not repaid the concerned bank enquired about the beneficiary and Rin-pustika, on the basis wherefrom the loan was taken. Then it came to be revealed that the Rin-pustika was a forged one. Based on this, offence has been registered against the present applicant.

4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the other co-accused persons have already been granted bail in MCRC No. 3323/2018, 5888/2016, 3338/2016, 5579/2016 and MCRCA No. 577/2016 so, the applicant may also be granted benefit of bail. The applicant is in jail since 16.02.2018, 26.04.2016, 29.04.2016 and 12.05.2016 under different-different Crime numbers, there is no likelihood of his case being decided in near future and, therefore, the present applicant may be released on bail.

5. On the other hand, counsel for the State opposes the bail application.

6. I have heard learned counsel for the parties and perused the case diary.

7. Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, detention period of applicant and further considering the facts that the other co-accused persons have already been granted bail by this Court and the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the applications are allowed.

8. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 1,00,000/- in respect of each crime number with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge H.L. Sahu