Kaajuram v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 10029 of 2018 Kaajuram S/o Abhay ram @ Abhe Ram, aged about 33 years, R/o Village Acholi, P.S. Dhamdha, District Durg, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through District Collector, District Durg, Chhattisgarh ---- Respondent For Applicant : Shri B.P. Singh, Advocate.

For Respondent/State : Shri Chandresh Shrivastava, Dy. A.G.

Hon'ble Shri Justice Goutam Bhaduri Order 10/01/2019 1.

This is the first bail application preferred by the applicant under Section 439 of Cr.P.C. for grant of bail as he is arrested in connection with Crime No.39/2013 registered at Police Station Dhamdha, District Durg (C.G.) for offence punishable under sections 420, 465, 467, 468, 471, 120(B) and 34 of the IPC.

2.

As per the prosecution case, Nehru Singh Lodhi entered into agreement with one Triloki Nath for sale of land for consideration of Rs. 9 Lakhs out of which Rs. 6 Lakhs was paid by the complainant Triloki Nath. Subsequently, the said Nehru Singh Lodhi did not execute the sale deed and it was alleged that at the time when the land was shown the present applicant also accompanied with him.

3.

Learned counsel for the applicant submits that Nehru Singh has been enlarged on bail on 14.05.2014 in M.Cr.C. No. 2299/2014. He submits that the present applicant has better footing and no allegation has been attributed to the present applicant and no further investigation is necessary. He further submits that the applicant is in jail since 07.03.2018,

therefore considering the facts he may be released on bail. 4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the order. Considering the facts and circumstances of the case and also the fact that one co-accused Nehru Singh has already been granted bail in M.Cr.C. No. 2299/2014 on 14.05.2014, this court is inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

SD/- (Goutam Bhaduri) JUDGE Priyanka