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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 423 of 2024
Vinay Netam S/o Gopal Singh Netam Aged About 23 Years R/o
Village Chaniyagaon Police Station Dhanora, District Kondagaon
(C.G.)
---- Applicant
Versus
State Of Chhattisgarh Through Police Station Kanker District North
Bastar Kanker (C.G.)
---- Respondent
For Applicant : Mr. Anil Gulati, Advocate
For State : Mr. UKS Chandel, Dy. A.G.
S.B.: Hon'ble Shri Parth Prateem Sahu, Judge
Order On Board
31/01/2024
1. Applicant has filed this application under Section 439 of Cr.P.C.
for grant of regular bail as he has been arrested in connection
with Crime No.372/2023 registered at Police Station – Kanker
District- North Bastar Kanker (CG) for the offence punishable
under Sections 420, 467, 468, 471, 511, 34 of IPC.
2. Case of the prosecution, in brief, is that the District and
Sessions Judge, North Bastar Kanker lodged a report alleging
that applicant came to join service as Staff Car Driver based on
the forged and fabricated document. Based on the report,
applicant was arrested. His memorandum statement was
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recorded in which he stated that on the persuasive statement of
Sundar Lal Shori that he can provide the job of Staff Car Driver
in High Court, has handed over Rs.2 lakh cash in two
installments and Rs.1.75 lakh by transferring into the bank
account. During course of further investigation, the other
accused persons were also arrested.
3. Learned counsel for the applicant submits that the applicant has
not committed any such offence. Applicant himself is a victim
who has been cheated by co-accused. He also submits that
transfer order is provided to him by Raju Ratre stating that now
he is not required to join in High Court of Chhattisgarh, Bilaspur
and he is transferred to Kanker. The applicant is in jail since
30.09.2023, after completion of investigation charge sheet is
filed, therefore, he may be enlarged on bail.
4. Learned counsel for the State opposes the submission of
learned counsel for the applicant and would submit that as per
material available in the case diary, it is appearing that the
applicant appeared before the District and Sessions Judge,
Uttar Bastar Kanker with forged and fabricated transfer order.
He do not dispute the submission of learned counsel for the
applicant with regard to memorandum statement and upon
asking, he submits that there is no criminal antecedent of the
applicant.
5. I have heard learned counsel for the parties.
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6. Taking into consideration the facts and circumstances of the
case, nature of allegation, memorandum statement of the
accused and further considering that there is no other criminal
antecedent of the applicant, offence to be triable by Judicial
Magistrate First Class, period of detention, without commenting
anything on merits of the case, I am inclined to allow the bail
application.
7. Accordingly, the bail application is allowed. It is directed that the
applicant shall be released on regular bail on his furnishing a
personal bail bond in the sum of Rs.25,000/- with one local
surety in the like sum to the satisfaction of the Court on the
conditions that:-.
a) Applicant shall appear before the trial Court regularly
on each and every date, unless exempted from
appearance.
b) Applicant shall not, in any manner, tamper with the
prosecution witnesses.
Certified copy as per rules.
Sd/-/---/-/---/-/-
(Parth Prateem Sahu)
Judge
Praveen