High CourtsSingle Bench(2018) 04 CHH CK 0080

Shivam Barle @ Gammi And Anr. vs State Of Chhattisgarh q

Chhattisgarh High Court · Decided on 9 April 2018

HON’BLE JUDGES
SANJAY K. AGRAWAL, J
RESULT
Allowed
CASE NUMBER
M.Cr.C. No. 363 of 2018

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Judgment

15 paragraphs · 281 words
1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has

been arrested in connection with Crime No.925/2017 registered at Police Station Kotwali, Durg District Durg (C.G.) for the offence punishable under

Section 420/34 of the Indian Penal Code.

3.

Case of the prosecution, in brief, is that the applicant got released himself on bail by furnishing a surety of one Sandeep Khobragadhe on the basis

of fake rin-pustika which is fraud and thereby committed the aforesaid offence.

4.

Learned counsel for the applicant would submit that the applicant has not committed any offence and has been falsely implicated in crime in

question. He is in jail since 13-12-2017, therefore, he may be released on regular bail.

5.

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

6.

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

7.

Taking into consideration the facts and circumstances of the case, further taking into consideration the nature and gravity of the offence, role of the

applicant and the fact that the applicant is in custody since 13-12-2017, this Court is of the opinion that present is a fit case in which the applicant

should be enlarged on regular bail.

8.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed. It is directed that the applicant shall be released on bail on his

furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court for his appearance

as and when directed.