Govind Prasad Sahu vs State Of Chhattisgarh

This second application under Section 439 Cr.P.C. for grant of bail has been filed by the accused/applicant who has been arrested on 30.03.2022 in connection with Crime No.58/2022 registered at Police Station Thelkadih, Rajnandgaon for the offence punishable under Sections 420, 467, 468, 471 & 34 of IPC.

Prosecution case, in brief, is that the complainant Tilak Verma filed a written complaint before the police station alleging that he purchased the land bearing Khasra No.68/3 from one Chetan Verma (co-accused) to the consideration of Rs.6,80,000/-. But when he went to took possession for the said land, he found that there is no land of Khasra No.68/3. Therefore, the present applicant, Chetan Verma and concerning Patwari namely Maniram being involved in the aforesaid crime by preparing the forged and fabricated documents and cheated the complaint, have been arrested.

It is pertinent to mention here that the first bail application filed by the applicant was dismissed as withdrawn with liberty to file the same at an appropriate stage vide order dated 23.06.2022 in MCRC No.4215/2022.

Learned counsel for the applicant submits that the accused/applicant is innocent and has been roped in a false case. He would submit that the co-accused Maniram has been enlarged on bail by the co-ordinate Bench of this Court on 27.07.2022 in MCRC No.4860/2022. He would further submit that entire consideration amount has been refunded to the complainant Tilak Verma and he has also filed copy of agreement and bank statements in support of his contention. He submits that considering that the complainant has himself made entered into a compromise that on behest of the present applicant, other accused persons have refunded the consideration amount and also considering that the co-accused Maniram has been enlarged on bail, the present applicant may also be benefited by granting regular bail.

Per contra, learned State counsel opposes the bail application.

Having heard the parties, considering the facts and circumstances of the case, further considering that co-accused Maniram has been enlarged on bail; the complainant has entered into a compromise with regard to return of amount; and that the applicant is behind the bars since 30.03.2022, I deem it appropriate to release the applicant on bail.

Accordingly, the application is allowed and it is directed that on applicant’s furnishing a personal bond in the sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail on the following conditions:-

(a) he shall not act in any manner which will be prejudicial to fair and expeditious trial,

(b) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of case,

(c) he shall not involve himself in any offence of similar nature in future.