Chandrashekhar @ Ajay Umre v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7911 of 2019 • Chandrashekhar @ Ajay Umre S/o Vijay Kumar Umre Aged About 35 Years, R/o Dindayal Colony, Bemetara, Thana Bemetara, District Bemetara, Chhattisgarh.

---- Applicant

Versus

• The State Of Chhattisgarh, Through : Police Station Bemetara, District Bemetara, Chhattisgarh.

---- Respondent For Applicant :

Mr. Samir Singh, Adv.

For Respondent/State :

Mr. Sameer Sharma, Dy. G.A.

For Objector :

Mr. B.P. Singh, Adv.

Hon'ble Smt. Justice Rajani Dubey Order on Board 27/01/2020

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. 551/2019 registered at Police Station-Bemetara, District - Bemetara (C.G.) for the offence punishable under Sections 420, 467, 468 and 471 of the IPC.

2. The prosecution story, is that complainant Satish Dubey and others lodged report that the present applicant constituted an agreement to sale the house of C.G. Grih Nirman Mandal and received Rs. 50,000/- - 50,000/- from eight persons total amount of Rs. 4,00,000/- but it was found that he was not an agent of any Mandal nor sold any house and nor returned money. Based on this, offence has been registered against the present applicant.

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 applicant is in jail since 30.10.2019, 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. Learned counsel for the objector opposes the bail application and submits that the applicant committed forgery in the name of C.G. Grih Nirman Mandal and obtained Rs. 4,00,000/- from the complainants and others using forge stamp and receipt book. Thus, applicant may not be released on bail.

6. I have heard learned counsel for the parties and perused the case diary.

7. 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 the applicant is in jail since 30.10.2019 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 applicant on bail. Accordingly, the application is allowed.

8. 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