Dhannu Lal Sarwa v. Station House Officer

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 6055 of 2019 Madanlal S/o Revaram Aged About 41 Years R/o Village - Bhelwatola, Police Station Rengakhar, District Kabirdham Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through District Magistrate, Kabirdham Chhattisgarh/ Station House Officer, Police Station Rengakhar, District Kabirdham Chhattisgarh.

---- Respondent MCRC No. 6256 of 2019 • Suman Lal Baghel S/o Chain Singh Baghel Aged About 50 Years R/o Sivni Khurd, P.S. Rengakhar, Tahsil Bodla, District-Kabirdham, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Though S.H.O., Police Station Rengkhar, Kawardha, Kabirdham, District- Kabirdham, Chhattisgarh. ---- Respondent MCRC No. 7252 of 2019 • Dhannu Lal Sarwa S/o Amir Singh Sarwa Aged About 44 Years R/o Village Kharthuli, Tahsil And Police Station Balod, District Balod Chhattisgarh...(In Jail), ----Applicant

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• Station House Officer Through Police Station Rengakhar Kala, Kabirdham , District Kabirdham Chhattisgarh....(Non Applicant). ---- Respondent For Applicants :

Mr. Dharmesh Shrivastava, Mr.

Ravindra Sharma & Mr. T.K. Jha, Adv.

For Respondent/State :

Mr. Anurag Verma, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 02.12.2019 The accused/applicants have moved this first bail application under Section 439 of the Code of Criminal Procedure for

releasing them on regular bail during trial in connection with Crime No. 23/2019 registered at Police Station - Rengakhar, District Kabirdham (C.G.) for the offence punishable under Sections 420, 467, 468, 471 & 34 of IPC.

It is the case of the prosecution that, one Satyaprakash Sharma made a written complaint to the Superintendent of Police, Kabirdham, alleging that applicant Madan Lal has been appointed Shiksha Karmi on the basis of false mark-sheet of 12th class. During investigation from disclosure statement of Madan Lal, it reveals that he has given Rs. 15,000/- to Suman Baghel for obtaining false mark-sheet. It is also alleged that the memorandum statement of Suman baghel disclosed that she obtained false mark-sheet though applicant Dhunnu Lal Sarwa. After completion of investigation, alleged offences have been registered against the applicants and the applicants have been arrested.

Learned counsel for the applicants submit that the applicants have been falsely implicated in the crime in question. They further submit that as the applicants Madan Lal, Suman Lal Baghel & Dhannu Lal Sarwa are in custody since 28.08.2019, 27.08.2019 & 28.09.2019 respectively, and the trial is likely to take some time for its final disposal, they may be released on bail.

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

I have heard learned Counsel for the parties. Taking into consideration the nature and gravity of the offence, detention period of the applicants facts and

circumstances of the case, the fact that charge-sheet has been filed and the offence is triable by Judicial Magistrate First Class and the trial is likely to take some time for final disposal, I am inclined to release applicants on bail. It is directed that the applicants shall be released on bail on executing a personal bond for a sum of Rs. 25,000/- each, with one surety for the like amount to the satisfaction of the Trial Court for their appearance before the said Court as and when directed.

Sd/- (Rajani Dubey) Judge Vijay Sahu