Mangal Singh Rathiya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6919 of 2019 • Mangal Singh Rathiya S/o Ghasiya Rathiya Aged About 65 Years, R/o Navagaon, Police Station - Chakradhar Nagar, Raigarh, Tahsil And District - Raigarh, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : Station House Officer, Police Station - Chakradhar Nagar, Raigarh, District - Raigarh, Chhattisgarh. ---- Respondent For Applicant :

Mr. Wasim Miyan on behalf of Mr. Ashish Gupta, Adv.

For Respondent/State :

Ms. Reena Singh, PL.

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

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 205/2019 registered at Police Station-Chakradhar Nagar, Raigarh, DistrictRaigarh (C.G.) for the offence punishable under Sections 420 and 205 of the IPC.

2. The prosecution story, is that the applicant was submitted a coloured Rin-pustika No. P-1320921 before the Court for releasing of accused Raja Sande on bail. Subsequently, the Tahsildar, Raigarh has examined the Rin-pustika and found that the said Rinpustika is coloured copy of original copy. Based on this, offence has been registered against the present applicant.

3. 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 applicant is in jail since 20.07.2019, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

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

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

6. 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 present applicant is in jail since 20.07.2019 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 application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one local 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