Gautam Prajapati @ Gautam Solanki v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR • Gautam Prajapati @ Gautam Solanki S/o Omdutt Prajapati Aged About 29 Years R/o Baagpat House No. 177 Agrawal Mandi Tatiri Police Station Baagpat District Baagpat, U.P. ---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer Police Station Ambikapur, District Surguja, Chhattisgarh. ---- Respondent For Applicant :- Mr. Nishi Kant Sinha, Advcate For Respondent-State :- Mr. Vinod Kumar Tekam, PL Hon'ble Smt. Justice Rajani Dubey Order on Board 09/01/2020 The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing his on regular bail during trial in connection with Crime No. 88/2019 registered at Police Station - Ambikapur DistrictSurguja (C.G.) for the offence punishable under Sections 420, 467, 468, 471/34 of the IPC.

As per the case of prosecution,on the basis of forged and fabricated appointment order in Agriculture Department of Chhattisgarh State, the

accused/applicant and other co -accused have obtained Rs.16,500/- from Ramkeval.

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 has not committed any offence and he has not obtained any amount from complainant. He further submits that the other co-accused has already been released on bail by this Hon'ble Court on 23.10.2019 in MCRC No.5087 of 2019. He further submits that the applicant is in jail since 20.02.2019 and he is ready to furnish adequate surety and shall abide by all the directions and conditions which may imposed by this Court, the present applicant may be released on bail.

On the other hand State counsel strongly opposes the bail application.

I have heard learned counsel for the parties and perused the entire material available on record. Considering the facts and circumstance of the case, in particular the nature of allegations against the applicant and the fact that the co-accuse has already been released on bail and the applicant is in jial since 20.02.2019 and as 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.

Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Ankit