Neetu Ram Kushwaha v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6788 of 2019
1. Ku. Radha Sandilya D/o Rajkumar Sandilya Aged About 19 Years, R/o Baserakala, Police Station Chalgali, District Balrampur-Ramanujganj, Chhattisgarh.
2. Krishna Singh Markam S/o Devchand Markam Aged About 26 Years, R/o Baserakala, Police Station Chalgali, District BalrampurRamanujganj, Chhattisgarh. ---- Applicants
Versus
• State Of Chhattisgarh, Through : Police Station Balrampur District Balrampur-Ramanujganj, Chhattisgarh.
---- Respondent MCRC No. 7602 of 2019 • Neetu Ram Kushwaha S/o Ramprakash Kushwaha Aged About 43 Years, R/o Village Silphili, Police Station Jaynagar, District Surajpur, Chhattisgarh.
---- Applicant
Versus
• State Of Chhattisgarh, Through : Station House Officer, Police Station Balrampur, District Balrampur-Ramanujganj, Chhattisgarh. ---- Respondent For Applicants :
Mr. Sunil Tripathi, Adv. in MCRC No. 6788/2019.
:
Mr. Santosh Bharat, Adv. in MCRC No. 7602/2019.
For Respondent/State :
Ms. Reena Singh, PL.
Hon'ble Smt. Justice Rajani Dubey Order on Board 10/12/2019
1. The accused/applicants have moved this first bail application under Section 439 of Criminal Procedure Code for releasing them on regular bail during trial in connection with Crime No. 169/2019 registered at Police Station Balrampur, DistrictBalrampur-Ramanujganj (C.G.) against applicants namely Ku.
Radha Sandilya and Krishna Singh Markam for the offence punishable under Section 420/34 of the IPC and against applicant namely Neetu Ram for the offence punishable under Sections 420, 468, 471 and 120 (B)/34 of the IPC.
2. The prosecution story, in brief is that, the applicants Ku. Radha Sandilya and Krishna Singh markam have submitted applications for appointment of the post of Forest Guard in the year 2018 and on verification, the concerned Principal. Amrit Vidyapeeth, Vindhyanagar, District-Singrauli (M.P.) has sent verification report, intimating that the certificates submitted by the said candidates were not issued from their institution. On the basis of above, the Superintendent of Police, Balrampur has directed to register FIR against those candidates. During the investigation, the police has recorded memorandum statement in which applicants stated that present applicant Neetu Ram Kushwaha had given forged and fabricated school certificates to them. Based on this offence has been registered against the present applicants.
3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. He further submits that the applicants Ku. Radha Sandilya and Krishna Singh Markam are in jail since 25.08.2019, and applicant Neetu Ram Kushwaha is in jail since 09.10.2019, there is no likelihood of their case being decided in near future, therefore, the present applicants 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 applicants and further considering the facts that the applicants Ku. Radha Sandilya and Krishna Singh Markam are in jail
since 25.08.2019, and applicant Neetu Ram Kushwaha is in jail since 09.10.2019, 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 applicants on bail. Accordingly, the application is allowed.
7. Accused/applicants are directed to be released on bail on their executing a personal bond in the sum of Rs. 25,000/- each, with one local surety in the like sum to the satisfaction of the trial Court. They are directed to appear before the trial Court on each and every date given to them by the said Court. Sd/- (Rajani Dubey) Judge H.L. Sahu