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High Court Of ChhattisgarhMCRC/8707/2018allowed

Krit Kumar Verma v. State Of Chhattisgarh

2018-11-29Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8680 of 2018 Shish Kumar Nag S/o Late Subahu Nag Aged About 30 Years R/o Near Dondekhurd, P.S.- Vidhan Sabha, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through The Station House Officer, Police Station- Civil Line, Civil And Revenue District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh.

---- Respondent AND MCRC No. 8707 of 2018 Krit Kumar Verma S/o Sujan Singh Verma Aged About 32 Years R/o Village Charouda ,police Station Vidhansabha ,raipur Tahsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh . ---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer ,police Station Civil Lines ,raipur District Raipur Chhattisgarh., District : Raipur, Chhattisgarh.

---- Respondent For the Applicant :

Shri Harshwardhan Jaiswal, Advocate (MCRC No.8680/2018) For the Applicant :

Shri Adil Minjaj, Advocate (MCRC No.8707/2018) For the State :

Shri Neeraj Sharma, Dy. G.A.

----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /11/2018 1.

Both the bail applications are heard and disposed of by this common order. 2.

MCRC No. 8680/2018 arise out of the Crime No.632/2018 of the Police Station Civil Lines, Raipur, District Raipur (C.G.) for the offence punishable under Section 420, 34, 120-B, 467, 468, 471 of IPC. 3.

MCRC No. 8707/2018 arise out of the Crime No.232/2018 of the Police Station Civil Lines, Raipur, District Raipur (C.G.) for the offence punishable under Section 420, 467, 468, 471, 120-B, 34 of IPC. 4.

The applicants have preferred these first bail application under Section 439 of CrPC and there is no bail applications are pending before any other Court. 5.

Perused the case diary provided by the learned counsel for the State.

6.

Case of the prosecution, in brief is that the owner of the disputed land is Arun Kumar. On 05/02/2016 applicant Shish Kumar Nag executed agreement for sale of disputed land in favour of complainant Shyam Sunder and received Rs. 2,50,000/- as earnest money. Owner Arun Agrawal has not authorized the applicant Shish Kumar Nag to execute agreement for sale of disputed land. The complicity of the applicant Krit Kumar Verma has been shown in the memorandum of applicant Shish Kumar Nag.

7. Learned counsel for the applicants submit that they have innocent and falsely implicated in the present case, therefore, they shall be released on bail.

8. On the other hand, counsel for the State opposes the bail application. He further submits that one criminal case under Section 420, 467, 468, 471 and 120B of IPC has been registered against the applicant Shish Kumar Nag. He further submits that no criminal antecedents against the applicant Krit Kumar Verma.

9. Looking to the facts and circumstances of the case, it is ordered that if the applicant Shish Kumar Nag furnishes two solvent sureties for a sum of Rs. 50,000/- along with one personal bond of Rs.1,00,000/- to the satisfaction of the concerned Court with the condition :- (i) he will co-operate during investigation, (ii) he shall appear in every Sunday by 12 Noon in Police Station, Civil Lines, Raipur, (iii) he shall not go out of the territorial jurisdiction of the concerned Court unless he obtains permission from the Court, then he should be released on bail.

10. Looking to the facts and circumstances of the case, it is ordered that if the applicant Krit Kumar Verma furnishes one solvent surety for a sum of Rs. 25,000/- along with a personal bond in the like sum to the satisfaction of the concerned Court with the condition that he shall 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.

11. Certified copy as per rules.

Sd/- (Sharad Kumar Gupta) Judge Kamde