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High Court Of ChhattisgarhMCRC/59/2019rejected

Ranjeet Kumar Gond & ANR. v. State Of Chhattisgarh

2019-03-12Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 59 of 2019

1. Ranjeet Kumar Gond S/o Late Maheshram Gond Aged About 28 Years Caste Gond, R/o Village Boida, Tahsil Pali, District Korba Chhattisgarh, District : Korba, Chhattisgarh

2. Jaypal Yadav S/o Sonau Yadav Aged About 19 Years Caste Yadav, R/o Village Boida, Tahsil Pali, District Korba Chhattisgarh, District : Korba, Chhattisgarh ---- Applicants

Versus

State Of Chhattisgarh Through The Police Chowki Hardibajar, Police Station Kusmunda, District Korba Chhattisgarh, District : Korba, Chhattisgarh.

---- Respondent For the Applicants :

Shri Ashok K. Shukla, Advocate For the State :

Shri Vikram Dixit, Govt. Advocate ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /03/2019

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.443/2018 registered at Police Chowki, Hardibazar, P.S. Kusmunda, District Korba (C.G.) for the offence punishable under Sections 420, 467, 468, 471/34 of IPC.

3. Case of the prosecution, in brief is that Kalim Javed Khan is posted as Constable in Crime Branch, Korba. On 23/11/2018 he received an information from the informant that in Priyanka Studio situated at village Boida fake driving licenses are prepared by receiving amount from the willing persons. On 25/11/2018 said Constable went to Priyanka Studio one person was present. He received Rs.1200/- from him gave duplicate driving license to him. When he asked that person his name, that person told him that his name is Jaipal Yadav and the studio is operated by Ranjeet Gond. During the investigation RTO Korba gave the report after the verification of some driving licenses that they were fake and the sign of the RTO Korba is forged. From applicant Rajeet Kumar Gond CPU, Key Board, Scanner, Printer, Colour Printer and other articles have been seized. From applicant Jaypal Yadav three fake driving licenses had

been seized.

4. Counsel for the applicant submits that he is innocent and falsely implicated in the present case. He further submitted that the owner of the said studio is Smt. Gayatri Patel her statement has not been recorded. He drew my attention of true copy of certificate of registration, without memorandum, seizures have been effected, no Test Identification Parade was conducted, applicants are in jail since 3 1⁄2 months and offences are triable by Judicial Magistrate First Class, therefore he shall be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicant.

6. Looking to the facts and circumstances of the case,looking to the material available on record against the applicants, looking to the seriousness of the alleged offence, looking to the impact of granting bail to the applicants on society, the present bail application is rejected. Sd/- (Sharad Kumar Gupta) Judge Kamde