Allowed

Baijnath Pandey v. State of Chhattisgarh

Chhattisgarh HC19 Jul 2022MCRC/2358/2022

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a third bail application filed by an accused under Section 439 CrPC. Considering the applicant's age, detention period, and the prosecution examining only 30 out of 40 listed witnesses, the court deemed it a fit case for release on regular bail.

What did the court decide?

Release on bail on executing a personal bond of Rs. 50,000/- with one local surety in the like sum.

Baijnath Pandey Vs State of Chhattisgarh — 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. 2358 of 2022

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Baijnath Pandey S/o Late Ramprasad Pandey Aged About 62 Years R/o Bartikala, Police Station- Basantpur, DistrictBalrampur-Ramanujganj, Chhattisgarh.

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---- Applicant

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Versus

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State of Chhattisgarh, Through: The Incharge, ChowkiWadrafnagar, Police Station- Basantpur, District-BalrampurRamanujganj, Chhattisgarh.

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---- Respondent

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For Applicant : Mr. D.N. Prajapati, Advocate. For Respondent/State : Mr. Ali Asgar, Dy. A.G.

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Hon'ble Smt. Justice Rajani Dubey Order on Board

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19/07 /2022

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Heard.

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The accused/applicant has moved this third bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 115/2020 registered at Police Chowki – Wadrafnagar, Police Station - Basantpur, District - Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 120-B, 34 of the IPC.

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The earlier bail applications of the applicant was dismissed by this Court.

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As per the prosecution case, the applicant was posted as a peon in Forest Department under District-Surajpur and he fraudulently obtained money from the villagers for providing patta in respect of forest land. It is also alleged that the applicant with the help of co-accused persons prepared forged patta in respect of 1200 acres of forest land and

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distributed the same to the villagers. Based on this offence has been registered against the present applicant.

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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 prosecution has listed more than 40 witnesses and only 30 witnesses have been examined till now before the trial court. He also submits that the applicant is 62 years old person and he is in jail since 09.09.2020, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

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On the other hand, counsel for the State opposes 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 totality of the facts and situation of the case, taking into consideration detention period of the applicant, particular in the case, the applicant is a 62-year-old man and the prosecution has listed more than 40 witnesses and only 30 witnesses have been examined till now before the trial court, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

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Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 50,000/- 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.

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Sd/- (Rajani Dubey) Judge

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H.L. Sahu

Baijnath Pandey v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Baijnath Pandey v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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