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High Court Of ChhattisgarhMCRC/7009/2019allowed

Umesh Kumar Chelak v. State Of Chhattisgarh

2019-12-16Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7009 of 2019 • Umesh Kumar Chelak S/o Latelu Ram Chelak Aged About 40 Years R/o Village Nawagaon, Post Dhorabhatha, Police Station And Tahsil Magarlod, District - Dhamtari Chhattisgarh., ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Police Station Magalod, District - Dhamtari Chhattisgarh. ---- Respondent For Applicant : Ms. Pushpalata Khalkho, Advocate For Respondent/State4 : Shri Vinod Tekam, PL Hon'ble Smt. Justice Rajani Dubey Order On Board 16/12/2019 The applicant has filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody in connection with Crime No.246/2019 registered at police station Magarlod, District Dhamtari (CG) for the offence punishable under Sections 419,420,467,34 and 120-B IPC.

Case of the prosecution in brief is that report was lodged by the complainant alleging that the applicant along with other co-accused persons executed a registered sale deed by falsely impersonating some persons and tried to sell the land.

Counsel for the applicant submits that the applicant has been falsely implicated in the case. He further submits that the main

accused has been granted bail by this Court in M.Cr.C. A No. 1297/2019 and the present applicant has not committed any such offence as alleged against him. He submits that the applicant is in jail since 14.09.2019 and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion. On the other hand counsel for the State opposes the bail application.

Having heard counsel for the parties, considered the totality of the fact, in particular the detention period of the applicant, I am inclined to release him on regular bail. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is allowed. It is directed that in the event of the applicant's furnishing a personal bond in the sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail.

Sd/- (Rajani Dubey) Judge suguna