Bajrang Chauhan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 9579 of 2018 Bajrang Chauhan, S/o. Bodhram Chauhan, Aged About 32 Years, R/o. Village Jhanakpur, Police Station Baramkela, District - Raigarh, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh, Through : District Magistrate, District - Raigarh, Chhattisgarh.

---- Respondent For Applicant : Mr. Ashish Gupta, Advocate For Respondent/State : Ms. Madhunisha Singh, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 02/01/2019 1.

This is the first 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.296/2018, registered at Police Station - City Kotwali, Raigarh, District - Raigarh (C.G.) for the offence punishable under Section 420, 467, 468, 471, 34 of the Indian Penal Code.

2.

It is submitted by the learned counsel for the applicant that the applicant has been falsely implicated in this case. The applicant is in jail since 03.06.2018. No case is made out against the applicant. Similarly placed co-accused persons have been granted regular bail, therefore, it is prayed that this applicant may also be released on regular bail.

3.

On the other hand, learned counsel for the State opposes the bail applications and the submissions made in this respect. It is submitted that this applicant is the person, who impersonated as owner of the disputed land because of which he is not entitled to be released on regular bail.

4.

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

5.

It is alleged that this applicant impersonated as Hetram in obtaining the loan from the Bank of Maharashtra in a fradulent manner with the help of co-accused persons. Hence, this case.

6.

Considered on the submissions made and the contents of the case diary. After due consideration on all the material present in the case diary and also for the reason that similarly placed co-accused persons have been granted bail by this Court, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the 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.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Balram