Jhumar Singh Naag v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8523 of 2019 • Jhumar Singh Naag, S/o Budu Ram Naag, Aged About 40 Years, R/o Naya Naka Para Ward No. 13, Geedam Police Station- Geedam, District- Dantewada Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through: Station House Officer of Police Station Kotwali, District- Dantewada Chhattisgarh.

---- Respondent For Applicant : Mr. Awadh Tripathi, Adv.

For Respondent/State : Mr. Akhtar Hussain, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 11.02.2020

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. 68/2018 registered at Police Station- Kotwali, District- Dantewada, (C.G.) for the offence punishable under Sections 468, 469, 470, 471 of I.P.C.

2. The prosecution story, in brief is that, on 04.07.2018, the officer-incharge of Police Station Kotwali, District- Dantewada has received a letter No. 1400 from the Superintendent of Police Dantewada, in letter, it has been mentioned that the Joint Secretary of Chhattisgarh Human Right Commission Raipur has forwarded the letter dated 31.05.2018 to Superintendent of Police wherein the Jhumar Singh Naag has prepared the mono of Chhattisgarh State Human Right Commission in the letter pad and used such letter pad in order to cheating and for degrading the character of the Human Right Commission. 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 applicant is in jail since 14.10.2019, 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. 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, and further considering the facts that the applicant is in jail since 14.10.2019 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.

7. Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/-, 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 Ruchi