Single bench order allowing regular bail to two applicants arrested for forgery and cheating related to land acquisition fraud, directing release upon furnishing a personal bond of Rs. 25,000 each with one surety.
Release on regular bail on personal bond of Rs. 25,000/- each with one surety in the like amount.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 5952 of 2019
---- Applicants
Versus
---- Respondent
| For Applicants | : Shri Rahull Mishra, Advocate |
|---|---|
| For Respondent/State | : Shri Samir Sharma, Dy.GA |
Hon'ble Smt. Justice Rajani Dubey
Order On Board
14/11/2019
The applicants have filed this application under Section 439 of the Code of Criminal Procedure for grant of regular bail as they are in custody in connection with Crime No. 71/2019 registered at police station Outpost Khadgawan, PS Pratappur, district Surajpur(CG) for the offence punishable under Sections 420,,467,468,471 and 34 IPC.
As per case of the prosecution, the co-accused along with the present applicants have forged the signatures and affixed their photographs in some of the documents related to the land which was recorded in the name of the complainant and acquired compensation
from the bank.
Counsel for the applicants submits that the applicants have been falsely implicated and that the name of the present applicants does not find place either in the written report or in the FIR and it is the co-accused who have forged the signatures and documents. It is further submitted that the offences alleged against the applicants are triable by the Magistrate; the charge sheet has already been filed and looking to the conduct of the prosecution it is clear that the trial will take time for its conclusion. It is also submitted that the applicants are in jail since 10.05.19.
On the other hand, learned counsel for the State opposes the bail applications.
Considering the totality of the facts and circumstances of the case, in particular the detention period of the applicants, I am inclined to release them on regular bail. Accordingly, their application filed under Section 439 of the Code of Criminal Procedure are allowed.
It is directed that in the event of the applicants' furnishing a personal bond of Rs. 25,000/- each with one surety in the like sum to the satisfaction of the concerned court for their appearance before it as and when directed, they shall be released on bail.
Sd/-
(Rajani Dubey) Judge
suguna
3 issues framed by the court
Whether the applicants should be released on regular bail considering the detention period and the non-inclusion of their names in the written report.
Whether the nature of offence (cheating forgerypossession of counterfeit currency) and detention period warrant grant of bail.
Whether the applicants can be released on personal bond with a surety.
1 provisions across 1 enactments
Dillakhan @ Lakhan & Anr.
Sanjeet Tirkey
State Of Chhattisgarh Through Station House Officer, Outpost - Khadgawan, Police Station Pratappur, District Surajpur Chhattisgarh
Rajani Dubey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
