In cases involving serious offenses like forgery, the court may consider the nature of the crime and the accused's alleged involvement in determining whether to grant bail.

Order on Board

03 /01/2023 Heard on admission.

Admit.

1. The applicant has moved this second bail application under Section 439 of the Code of Criminal Procedure for grant of regular bail as he is in custody since 19.08.2022 in connection with Crime No.250/2022 registered at Police Station- Sarkanda, District- Bilaspur (C.G.) for the offence punishable under Sections 420, 467, 468, 471 r/w section 120(B), 193 of IPC.

2. Earlier the first bail application of the applicant was dismissed as withdrawn by this Court vide order dated 19.09.2022 passed in MCRC No. 7933/2022.

3. As per the prosecution case, a written report was lodged by Sandip Thakur, Tahsildar, stating therein that Bhonduram had filed an application under Section 115, 116 of the Chhattisgarh Land Revenue Code for correction/addition of his name in the land bearing Kh. No.224/3, 232/12 are 4.95 and 1 acre situated at village Chilhati, which was purchased from Gulal through registered sale deed on 01.05.1976 and till 1984-85 the name of co-accused Bhonduram has been continued in the revenue record, but after 1985 the name of Bhonduram was omitted from the revenue record. After inquiry, on 20.10.2016, the Tahsildar has passed the order in an application filed under Section 115, 116 of C.G.L.R.C. by correcting the revenue record in the name of Bhonduram and the same was mutated. But in the year 2022, the FIR has been registered against co-accused Bhonduram and other co-accused alleging that co-accused Bhonduram in connivance with the present applicant prepared forged document and has shown the forge document as real document and used the documents for mutation process. Based on this, offence has been registered against the present applicant and he has been taken into custody on 19.08.2022.

4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He further submits that the applicant is aged about 61 years and is suffering from severe ailments. He next added that the applicant is a government servant and no Deparmental Enquiry has been initiated against him. It is submitted that there is no previous criminal antecedent registered against him and he is in jail since

19.08.2022, charge-sheet has been filed, and, therefore, he may be released on bail.

5. Per contra, State counsel vehemently opposes the bail application and submits that the document available on record clearly shows the active participation of the applicant in the said crime, therefore, applicant may not be released on bail.

6. I have heard learned counsel for the parties and perused the record.

7. Having heard counsel for the parties, considering the totality of the facts and circumstances of the case, in particular the nature of crime, at this stage, I am not inclined to release him on bail.

8. Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is rejected.