Dr. Mohan Kumar Koshle v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6505 of 2017 Dr. Mohan Kumar Koshle S/o Late Shankar Lal Koshle Aged About 53 Years (wrongly mentioned as 38 years in the order sheet) R/o Bhilai Bazar, Police Station Kusmunda, Tahsil Katghora District Korba Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through District Magistrate / Station House Officer Out Post Rampur, Police Station Kotwali Korba, District Korba Chhattisgarh ---- Respondent For applicant - Shri Dharmesh Shrivastava, Advocate. For Respondent/State -Shri Anupam Dubey Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 6/12/2017 1.

This is second bail application under Section 439 of Cr.P.C. The earlier bail application was dismissed on 8/08/2016 vide M.Cr.C. No.4372 of 2016.

2.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.546/2015 registered in Police Station Kotwali, Out Post Rampur, District Korba (C.G.) for offence punishable under section 420, 467, 468, 471, 120-B and 201 of IPC. 3.

As per the prosecution case, the applicant in connivance with other co-accused persons obtained amount to get them employed in Government Department and thereafter issued the appointment letters which were found to be forged. When few of the co-accused persons were arrested, present applicant was also arrested and on his memorandum few fake appointment letters were recovered and thereby the aforesaid offence was committed.

4.

Learned counsel for the applicant submits that one of the co-

accused Prakash Kumar Anant has been enlarged on bail in M.Cr.C. No.1128 of 2017 on 23/08/2017 taking into detention period and case of the present applicant is similar and trial is still pending, applicant is in jail since 12/12/2015, therefore applicant may be enlarged on bail. 5.

Learned State counsel do not dispute the fact that co-accused Prakash Kumar Anant has been enlarged on bail in M.Cr.C. No.1128 of 2017 on 23/08/2017 and case of the present applicant is similar to that of the co-accused.

6.

Considering the submission and the fact that applicant is in jail since 12/12/2015, offences are triable by JMFC, this court is inclined to release the applicant on bail.

7.

Accordingly, the second bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri