Allowed

Suresh Mishra @ Babbu Mishra v. State of Chhattisgarh

Chhattisgarh HC14 Jul 2022MCRC/2332/2022

Case brief

AI extract

What is this about?

High Court allowed the first bail application filed under Section 439 CrPC, releasing the applicant on regular bail considering the nature of offence, detention period, and the fact that a co-accused had already been granted anticipatory bail.

What did the court decide?

Applicant to be released on bail by executing a personal bond of Rs.50,000 with one solvent surety.

Suresh Mishra @ Babbu Mishra Vs State of… — Cheating and Forgery | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 2332 of 2022

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Suresh Mishra @ Babbu Mishra S/o G.P. Mishra Aged About 56 Years R/o Village Near Holy Nursery, Rajkishore Nagar, Tehsil And District Bilaspur Chhattisgarh.

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---- Applicant

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Versus

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State Of Chhattisgarh Through Reserve Centre Sarkanda, Bilaspur District Bilaspur.

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---- Respondent

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For Applicant : Mr. Sanjay Agrawal, Advocate For Respondent : Mr. Ali Azgar, Dy. A.G.

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Hon'ble Smt Justice Rajani Dubey Order on Board

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14/07/2022

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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.114/2022, registered at Police Station – Sarkanda, Bilaspur, District Bilaspur (C.G.) for the offence punishable under Sections 420, 467, 468, 471 read with section 120-B IPC.

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As per the prosecution case, complainants Arti Das, Jageshwar Singh and Lalita Singh made a written complaint at Police Station Sarkanda stating therein that applicant and other co-accused persons under a criminal conspiracy prepared fabricated sale deed of the land bearing Kh. No.2313/2 and 2314/3 and used them for purpose of mutation. The allegation against the present applicant is that he has sold the said land. Based on this, offence has been registered and the applicant has been taken into custody on 28.01.2022.

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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 vide order dated 06.05.2022, co-accused Vijay Yadav has been granted anticipatory bail by co-ordinate Bench of this Court, therefore, the present applicant may be extended privilege of regular bail. It is next submitted that the applicant is in custody since 28.01.2022, there is no likelihood of his case being decided in near future, therefore, considering nature of offence and detention period also, he may be granted bail.

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

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

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Considering the facts and circumstances of the case, nature of offence and further considering the fact that vide order dated 06.05.2022, co-accused Vijay Yadav has already been granted anticipatory bail in MCRA No.447/2022 by co-ordinate Bench of this Court, without commenting anything on merits of the case, I am inclined to release the applicant on bail.

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Accordingly, the bail application is allowed.

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It is directed that the applicant shall 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 final disposal of the trial.

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Certified copy, as per rules.

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Sd/-

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(Rajani Dubey) Judge

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pkd

Suresh Mishra @ Babbu Mishra v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Suresh Mishra @ Babbu Mishra v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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