Tikas Lal Sahu v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8379 of 2019 • Tikas Lal Sahu S/o Makund Aged About 52 Years R/o Post Bhagatdevri, Police Station Sakra, Tahsil Pithora, District Mahasamund, Chhattisgarh.

---- Petitioner

Versus

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

Shri Anil Gulati, Advocate For Respondent :

Shri Anil Tripathi, P.L.

Hon'ble Smt Justice Rajani Dubey Order on Board 07/02/2020 1.

The applicant has preferred this first bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is arrested in connection with Crime No.464/2019, registered at Police Station - Basna, District Mahasamund (C.G.) for the offence punishable under Sections 420, 467, 468, 471 r/w section 34 IPC. 2.

The prosecution story, in brief, is that on 30.09.2019, Nanhu Sahu lodged a written report in Police Station alleging therein that the land bearing Khasra No.1, Rakba 0.22 has been recorded in his name and present applicant Tikas Lal Sahu obtained loan from the Bank by preparing forged Rin Pustika. Based on this, offence has been registered. The applicant has been taken into custody on 04.10.2019.

3.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that on 29.11.2019 co-accused persons have already been granted bail in MCRC No.6764/2019. He also submits that no role has been attributed by the applicant and

due to rivalry of the villager, the name of present applicant has been implicated. He next submits that the applicant is in custody since 04.10.2019 and there is no likelihood of his case being decided in near future. Therefore, he may be released on bail.

4.

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

5.

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

6.

Considering the totality of the facts and circumstances of the case, quality of evidence and further considering the fact that other co-accused persons have already been granted bail, the present applicant is in custody since 04.10.2019 and the disposal of case may take some time, I am of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

7.

Accordingly, the application is allowed. The applicant is ordered to be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one solvent surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed till the disposal of the trial.

Certified copy, as per rules.

Sd/- (Rajani Dubey) Judge Pekde