Nehru Lodhi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8321 of 2019 • Nehru Lodhi S/o Ram Singh Lodhi Aged About 42 Years R/o Village Achholi, Police Station Dhamdha, District Durg, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh, Through : The Station House OfÏcer, Police Station Supela, District Durg, Chhattisgarh. ---- Respondent For Applicant :

Mr. Jitendra Gupta, Adv.

For Respondent/State :

Mr. Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 06/02/2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 287/2014 registered at Police Station-Supela, District - Durg (C.G.) for the offence punishable under Sections 418, 420, 467, 468, 471 and 120-B/34 of the IPC.

2. The brief facts of the prosecution, is that, complainant Bairagi lodged a report that he entered into an agreement for purchase of land with Vishnu Lodhi and paid an amount of Rs. 4 Lakhs and thereafter it was revealed that actually the said land does not belong to Vishnu Lodhi and Vishnu Loadhi was impersonated by the present applicant and forged document was prepared by the other co-accused. Whereas, the present applicant's photograph is afÏxed with the agreement. Based on this, offence has been registered against the present applicant and other co-accused persons.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in

question. He further submits that the other co-accused persons have already been granted bail in MCRC Nos. 2902/2018 and 5470/2018 so, the present applicant may also be granted benefit of bail. He also submits that the applicant is in jail since 31.08.2016, there is no likelihood of his case being decided in near future, therefore, the present applicant 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 applicant and further considering the facts that other co-accused persons have already been granted bail and the present applicant is in jail since 31.08.2016 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 applicant on bail. Accordingly, the application is allowed.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/- with one local surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge H.L. Sahu