Shishlal Verma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8395 of 2019 • Shishlal Verma S/o Rambilas Aged About 50 Years R/o Village Muteda, Nawagaon, Tahsil Khairagarh, District Rajnandgaon, Chhattisgarh.

---- Petitioner

Versus

• State Of Chhattisgarh Through Police Station Durg, District Durg, Chhattisgarh.

---- Respondent For Applicant :

Shri Dashrath Kushwaha, Advocate For Respondent :

Shri Sameer Sharma, Dy. G.A.

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.878/2019, registered at Police Station - Durg, District Durg (C.G.) for the offence punishable under Sections 420, 467, 468, 471 and 34 IPC.

2.

Allegation against the present applicant is that he along with other accused persons namely Navin Kumar, Suresh Kumar Verma and Saraslal Verma prepared forged document of land of late Mansingh S/o Ramdayal and sold it to the complainant on the consideration of Rs.2,50,000/- and thereby committed cheating. Based on this, offence has been registered. The applicant has been taken into custody on 06.11.2019. 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 23.01.2020 main accused namely Naveen Kumar Jain has already been granted bail in MCRC No.7592/2019. He also submits that no role has been

attributed by the applicant and even his name does not find place in agreement as well. He next submits that the applicant is in custody since 06.11.2019 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 main accused has already been granted bail, the present applicant is in custody since 06.11.2019 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.50,000/- 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