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Judgment
21 paragraphs · 403 wordsRajendra Chandra Singh Samant, J
This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have
been arrested in connection with Crime No. 150/2017, registered at Police Station- Gidhouri, District - Balodabajar(C.G.) for the offence punishable
under Sections 420, 467, 468 & 471 of Indian Penal Code (for short 'IPC').
Learned counsel for the applicants submits that the applicant have falsely been implicated in this case without there being any evidence against
them. He further submits that consequent to order dated 28.2.2016 passed in WPCR No.110/2016, the police registered FIR against these applicants
without making any inquiry. Applicants have simply followed the instructions of the then Sarpanch in realizing the royalty from the limestone mines
situated within the jurisdiction of their panchayat and have submitted the receipt books and amount so received to the panchayat. As such, no offence
is made out against them. Hence, it is prayed that they may be released on regular bail.
Learned State counsel opposes the bail application and submissions made in this respect. It is submitted that total Rs.1,27,400/- was illegally
collected by the applicants by way of royalty and the same has been misappropriated by them, hence, they are not entitled for grant of regular bail.
Heard both the parties and perused the case diary.
Complainant Har Bai has filed a written complaint alleging in it that without approval of any proposal from the Gram Panchayat and in absence of
the Sarpanch, applicants used forged seal and receipt books to realize royalty from the miners to the tune of Rs.1,27,400/- and on that basis FIR has
been registered.
Considered.
On perusal of entire material in the case diary and considering the fact that the charge-sheet against these applicants has been filed and the trial
against them is likely to take some time for its conclusion, I am of this view that this is a fit case where applicants should be enlarged on regular bail.
Accordingly, the first bail application filed under Section 439 of Cr.P.C. is allowed. It is directed that the applicants shall be released on bail on their
furnishing a personal bond for a sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of the concerned trial Court, for their
appearance as and when directed.