Krishna Chandra Rajwade v. State Of Chhattisgaghr

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8618 of 2018 • Krishna Chandra Rajwade S/o Late Ujjan Ram Rajwade Aged About 62 Years R/o Village Manpur, Post Surajpur, P.S. Surajpur, Tahsil And District- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgagh Through The Police Station Rajpur, District- BalrampurRamanujganj, Chhattisgarh., District : Balrampur, Chhattisgarh ---- Non-applicant For Applicant : Shri Ashok Kumar Shukla, Advocate.

For Non-applicant : Shri Sumit Jhanwar, Panel Lawyer Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 29.11.2018

1. Case diary not produced. Photocopies of the relevant papers have already been filed by the applicant which are sufficient to dispose off the bail petition. 2.

This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and no other bail application is pending before any other Court.

3. The applicant has been arrested in connection with crime No. 73/2003 registered at Rajpur, District- Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 420, 420/34, 471 of the Indian Penal Code and Section 13(2) of the Prevention of Corruption Act.

4. Case of the prosecution, in brief is that on 23.08.2018 bail and bond of the applicant have been cancelled by the trial Court and arrest warrant was issued. On 15.10.2018, applicant was produced before the trial Court after arrest in the execution of the arrest warrant.

5. Learned counsel for the applicant submits that the applicant has no criminal background. He is innocent and has been falsely implicated in the present case, therefore, he shall be released on bail.

6.

On the other hand, learned counsel for the State opposes the bail application, however, he submits that there is no antecedent against the applicant.

7. Earlier the applicant was bailed out by the trial Court. As per the medical report applicant is suffering from paralysis and is unable to walk and talk. Applicant is near about 62 years old.

8.

Looking to these facts and circumstances of the case, looking to the fact that there is no likelihood of the accused to abscond and tamper the evidence, It is directed that if the applicant furnishes two solvent sureties for a sum of Rs.25,000/- each along with a personal bond of Rs. 50,000/- to the satisfaction of the concerned Trial Court with the condition that he will not involve in any crime in future, he will appear before the Trial Court at 11:00 am as and when directed till trial and he would cooperate during the trial, he shall be released on bail.

9. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) JUDGE kishore