Allowed

Govind Thakur and Anr. v. State of Chhattisgarh

Chhattisgarh HC17 May 2018MCRC/959/2018

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh disposed of two first bail applications (MCRC Nos. 959/2018 and 1408/2018) filed for the same crime. The court inclined to release the applicants on bail by executing a personal bond with a surety and directing appearance before the trial court.

What did the court decide?

Applicants released on bail upon execution of personal bond of Rs. 25,000 each with one surety.

Govind Thakur and Anr. Vs State of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2018)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 959 of 2018

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Govind Thakur, S/o Nanku Thakur, aged about 30 years,

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Vimlesh Mishra, S/o Shri Ram Mishra, aged about 30 years, Both R/o Camp 2, Milan Chowk, in front of mukesh tailor, ward no. 25, chhavni, P.S. Chhavni, Tehsil and District- Durg (Chhattisgarh).

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---- Applicants

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Versus

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State of Chhattisgarh through District Magistrate, Durg (C.G.).

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---- Respondent

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AND

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MCRC No. 1408 of 2018

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Ajay Sao, S/o Parshuram Prasad Sao, aged about 32 years, R/o Ghasidas Nagar, I.H.S.I.B.P. Block-5, quarter no. 3, Jamul, P.S. Jamul, Tehsil and District- Durg, Chhattisgarh.

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---- Applicant

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Versus

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State of Chhattisgarh through District Magistrate, Durg (C.G.).

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---- Respondent

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For Applicants: Mr. B.P. Singh, Advocate. For Respondent : Mr. Sumit Jhanwar, PL

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Hon'ble Shri Justice Arvind Singh Chandel

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Order on Board

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17/05/2018

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Heard.

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Since both the cases arise out of same Crime number, therefore, they are being disposed of by this common order.

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The applicants have preferred first bail application (in both cases)

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under Section 439 of the Cr.P.C for grant of regular bails as they are arrested in connection with Crime No. 341/2016 registered at Police Station- City Kotwali, District- Durg (C.G.) for the offence punishable under Sections 419, 420, 467, 468, 471 and 120 (B) of IPC.

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As per prosecution story the complainant Durga Prasad had lodged complaint under Section 156 (3) of Cr.P.C. before the Magistrate alleging that one P.N. Mishra had prepared a fake power of Attorney and sold his land ad-measuring 1506 Sq. ft. The allegations against applicants- Govind Thakur and Vimlesh (in MCRC No. 959/2018) are that they were the witnesses to the said faked power of attorney and allegation against applicant- Ajay Sao (in MCRC No. 1408/2018) is that he had signed the said faked power of attorney on the name of complainant- Durga Prasad. Applicants- Govind and Vimlesh were arrested on 22/09/2016 and applicant – Ajay Sao was arrested on 2829/09/2017.

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Learned counsel appearing on behalf of the applicants submits that the applicants are innocent and have been falsely implicated in the present case. He further submits that various opinion regarding signature of the applicant have already been obtained from the Forensic Science Laboratory and at present there is no requirement to keep the applicant in jail. He further submits that the main accused is the P.N. Mishra who is absconding. Applicants- Govind and Vimlesh is in custody since 22/09/2017 and applicant – Ajay Sao is in custody since 28-29/09/2017, charge-sheet has already been filed and the trial will likely to take some more time, therefore, they may be released on bail.

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Per contra, learned counsel appearing on behalf of the State opposes the bail application.

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I have heard learned counsel for both the parties.

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Considering the facts and circumstances of the case, particularly, the fact that charge-sheet has already been filed, applicants- Govind and Vimlesh is in custody since 22/09/2017 and applicant – Ajay Sao is in custody since 28-29/09/2017 and the trial will likely to take some time, without further commenting on merit of the case, this court is inclined to release the applicants on bail.

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Accordingly, MCRC. Nos. 959/2018 and 1408/ 2018 are allowed.

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It is directed that the applicants shall be released on bail on each of them executing personal bond for a sum of Rs. 25,000/- with one surety each to the satisfaction of the trial Court. Thereafter, they will appear before the Trial Court on each and every date as are given to them by the said Court in this regard.

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Sd/Judge Arvind Singh Chandel

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Rahul

Govind Thakur and Anr. v. State of Chhattisgarh

Case brief

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What did the court decide?

Govind Thakur and Anr. v. State of Chhattisgarh

Case brief

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