Biraman Bada v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8029 of 2019 • Biraman Bada S/o Late Jagat Aged About 55 Years R/o Village Bhakurma, P.S. Udaypur, District Surguja, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through : Police Station Incharge, P.S. Ambikapur District Surguja, Chhattisgarh.

---- Respondent For Applicant : Ms. Soniya Kuldeep, Adv.

For Respondent/State : Mr. Sameer Sharma, Dy. G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 03/02/2020

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. 1/2019 registered at Police Station-Ambikapur, District - Surguja (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 120 (B), 192 and 193 of the IPC.

2. The allegation against the applicant is that he had put up fake Rinpustika before learned JMFC Ambikapur in Criminal Case No. 1133/2018 for surety to bail. On the basis of the report of Patwari and Tahsildar F.I.R. has been lodged against the applicant and thereafter 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 there is

nothing about inquiry of issuance of so called fake Rinpustika only Khasra No. is differed nothing else. He also submits that the applicant is in jail since 23.09.2019, 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. 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 the applicant is in jail since 23.09.2019 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.

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