Rajunath Bhoi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7947 of 2019 • Rajunath Bhoi S/o. Shri Santkumar Bhoi Aged About 29 Years R/o. Village- Gopalpur, P.S. And Tahsil- Pithora, DistrictMahasamund, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through- Station House OfÏcer, Pithora, District- Mahasamund Chhattisgarh.

---- Respondent MCRC No. 8146 of 2019 • Subhash Chakradhari S/o Budhan Singh Aged About 50 Years R/o Village Beldih Outpost, Bundeli, Thana - Tendukona, Tahsil Pithora, District Mahasamund Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House OfÏcer, Police Station Pithora, District Mahasamund Chhattisgarh. ---- Respondent For Applicants :

Ms. Deepali Dubey, Advocate in MCRC No.7947/2019 and Shri Vikash Pradhan, Advocate in MCRC No.8146/2019 For Respondent :

Shri Vinod Tekam, P.L.

Hon'ble Smt Justice Rajani Dubey Order on Board 24/01/2020 1.

Since the aforesaid bail applications arise out of the same crime number, they are being disposed of by this common order.

2.

The applicants have preferred these first bail applications under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are arrested in connection with Crime No.205/2019, registered at Police Station - Pithora, District Mahasamund (C.G.) for the offence punishable under

Sections 420, 467, 468, 471, 120-B and 34 IPC.

3. The prosecution story, in brief, is that complainant Angita Yadav made a written report at police station Pithora alleging therein that one Uttam Kumar Majumdar has taken Rs.20,000/- for making lease of land and committed forgery. Further case is that Kisan Book No.1979285, 1979286 and 1979288 have been seized from applicant Rajunath Bhoi in MCRC No.7947/2019, and one round seal of Tahsildar Pithora on which 'Secretary, Gram Panchayat Beldih, Tahsildar Pithora, Patwari Halka No.27, Tahsil Pithora, Rajaswa Nirikshak Mandal Pithora, P.H.N..... Gram.... Tah.... District......CG', has been written, three number of Kisan Book and one stamped have been seized from applicant Subhash Chakradhari in MCRC No.8146/2019. Based on this, offence has been registered. The applicant in MCRC No.7947/2019 has been taken into custody on 15.11.2019 and the applicant in MCRC No.8146/2019 has been taken into custody on 27.10.2019.

4.

Learned counsel for the applicants jointly submits that the applicants are innocent and have been falsely implicated in the case. They further submit that the main accused in the crime in question is Uttam Kumar Majumdar and other coaccused persons namely Deenbandhu Patel in MCRC No.7289/2019, Malay Yadav in MCRC No.7638/2019 and Sanjay Rao Kate in MCRC No.8449/2019 have already been granted bail by this Court, vide order dated 10.01.2020. They further submit that the applicants are in custody since 15.11.2019 and 27.10.2019, charge sheet has been filed, there is no likelihood of their case being decided in near future, they are ready to furnish adequate security and shall abide by the directions and conditions which may be imposed upon them by the Court. Therefore, they may be released on bail.

5.

On the other hand, learned counsel for the State opposed the bail applications.

6.

I have heard learned counsel for the parties and perused the

case diary.

7.

Considering the totality of the facts and circumstances of the case, nature of offence and further considering the fact that other co-accused persons have already been granted bail by this Court, the applicants are in custody since 15.11.2019 and 27.10.2019, charge sheet has been filed and the trial is likely to take some time, without further commenting on merits of the case, I am inclined to release the applicants on bail.

8.

Accordingly, the bail applications are allowed. 9.

It is directed that the applicants shall be released on bail on their executing a personal bond for a sum of Rs.50,000/- - Rs.50,000/- each with one solvent surety for the like amount to the satisfaction of the trial Court for their appearance before the said Court as and when directed.

Certified copy, as per rules.

Sd/- (Rajani Dubey) Judge Pekde