Chattisgarh High Court
Kunjbihari Baiswade vs State Of Chhattisgarh on 24 June, 2024
Author: Parth Prateem Sahu
Bench: Parth Prateem Sahu
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No.3266 of 2024
• Kunjbihari Baiswade S/o Bisahuram Baiswade Aged About 65
Years R/o Ashok Nagar, Bilaspur, Police Station- Sarkanda,
Tahsil & District- Bilaspur, Chhattisgarh.
---- Applicant (In Jail)
Versus
• State Of Chhattisgarh Through Station House Officer, Police
Station- Sakti, District- Janjgir-Champa (Now District- Sakti) [CG]
....Non-applicant
For Applicant : Mr. Bharat Rajput, Advocate
For Non-applicant : Mr.Keshav P Gupta, Govt. Advocate
For Objector : Mr. Prashant Dansena, Advocate
Hon'ble Mr. Justice Parth Prateem Sahu
Order On Board
24.6.2024
1.
This is second bail application on behalf of applicant under
Section 439 of the Criminal Procedure Code, 1973 for grant
of regular bail. First application bearing M.Cr.C.
No1055/2024 was dismssed as withdrawn with liberty to file
fresh after filing of charge sheet.
2. Applicant is in custody in connection with Crime
No.282/2021 registered at Police Station Sakti, District
Janjgir Champa (now 'District Sakti') for commission of
offence punishable under Sections 420, 467, 468, 471, 34 of
IPC.
3. Case of the prosecution, in brief, is that on 4.9.2023 one
complaint is lodged alleging that after encroaching upon the
government land, one Jagdish Bansal of Sakti has
constructed an apartment consisting of 24 residential
houses and a separate house. Act of construction on
government land by said Jagdish Bansal was reported to the
Collector. During enquiry, the Collector found that revenue
record has been manipulated and name of Hemlata Bansal
was entered against the government land. Therefore, the
report was lodged in concerned police station based upon
which aforementioned crime was regsitered against the
applicant and he was arrested on 26.1.2024.
4. Learned counsel for applicant submits that applicant is
innocent and has been falsely implicated in instant crime.
Applicant was working as Patwari. After his arrest,
investiation is complete and charge has already been filed.
No further custodial interrogartion of applicant is required.
Applicant is aged about 65 years, offence is triable by
Judicial Magistrate, conclusion of trial may take some time
hence, he may be enlarged on regular bail.
5. Learned State Counsel opposes the submissions of learned
counsel for applicant and submits that applicant has
manipulated/forged the government record, recorded the
government land in name of Hemlata Bansal and thereby he
has committed the offence as alleged against him.
6. Learned counsel for complainant/objector adopting the
submissions of learned State Counsel submits that applicant
is habitual offender, one case of similar nature was also
registered against him, he was convicted in said case by trial
Court and his conviction is affirmed by the appellate court
also.
7. At this stage, learned counsel for applicant submits that after
passing of judgment dated 3.12.2018 by appellate Court i.e.
learned Additional Sessions Judge, Sakti, applicant has
preferred a criminal revision before this Court along with an
application for suspension of sentence and grant of bail.
Said application was allowed, sentence imposed on
applicant was suspended and he was released on bail.
8. I have heard learned counsel for the parties.
9. Taking into consideration the facts and circumstances of
case, nature of allegations, submissions of learned counsel
for the parties, the fact that charge sheet has been filed,
applicant is aged about 65 years, conclusion of trial is likely
to take time, without commenting anything on merits of case,
I am inclined to enlarge applicant on regular bail
10. Accordingly, the application is allowed and it is directed that
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 trial Court concerned on
the conditions that;
a) he shall appear before the trial Court concerned regularly
on each and every date unless exempted from
appearance.
b) he shall not, in any manner, tamper with prosecution
witnesses.
c) If applicant is found involved in similar offence in future, it
will be open for the State to apply for cancellation of bail.
Certified copy as per rules.
Sd/-
(Parth Prateem Sahu)
Judge
roshan/-
