Smt. Til Bai v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 9369 of 2018 • Smt. Til Bai W/o Shivprasad Diwaker Aged About 55 Years R/o VillageJhonka, Post Office- Kaveli, Police Station- Lalpur, Tahsil- Lormi, District- Mungeli, Chhattisgarh., District : Mungeli, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through The Station House Officer, Through Police Station- Civil Line, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondent __________________________________________________________ For Applicant :

Mr. Shivendu Pandya, Advocate.

For Respondent :

Mr. Avinash K. Mishra, Panel Lawyer.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 12/12/2018

1. This bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.41/2018 registered at Police Station- Civil Line, District- Raipur(C.G.) for the offence punishable under Sections 420, 467, 468, 471, 419, 120-B & 201/34 of the Indian Penal Code.

2. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in this case. He is in jail since 3.2.2018. No case is made out against him. Similarly placed coaccused persons have been granted regular bail by this Court. Hence,

Page No.2 it is prayed that this applicant may also be enlarged on regular bail.

3. Learned State counsel opposes the bail application and submissions made in this respect.

4. Heard both the parties and perused the case diary.

5. The prosecution case is this, that land belonging to Mohd. Ajam Khan and others was fraudulently sold by co-accused persons making use of this applicant to impersonate as owner in the execution of sale-deed. Hence, this case.

6. Considered on the entire material present in the case diary, as the case is now before the trial Court after filing of charge-sheet and the similarly placed co-accused persons have been granted regular bail by this Court, for these reasons, I am of this view that this is a fit case where applicant should be released on regular bail.

7. Accordingly, the bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha