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High Court Of ChhattisgarhMCRC/649/2020rejected

Raman Robinson v. State Of Chhattisgarh

2020-03-13Hon'Ble Smt. Justice Rajani Dubey3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 621 of 2020 • Raman Robinson S/o Late Shri Sukhdayal Ram Aged About 56 Years R/o Ward No. 03, Dongargarh, District Rajnandgaon, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through : Station House Officer, Police Station Dongargarh, District Rajnandgaon, Chhattisgarh. ---- Respondent With MCRC No. 649 of 2020 • Raman Robinson S/o Late Shri Sukhdayal Ram Aged About 56 Years R/o Ward No. 3, Dongargarh, District Rajnandgaon, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh, Through : Station House Officer, Police Station Dongargarh, District Rajnandgaon, Chhattisgarh. ---- Respondent For Applicant :

Mr. Anupam Dubey, Adv.

in both MCRCs.

For Respondent/State :

Mr. Vinod Kumar Tekam, PL. & Mr. Anurag Verma, PL.

Hon'ble Smt. Justice Rajani Dubey Order on Board 13/03/2020

1. Since in the aforesaid bail applications the applicant is one and the same, both are being disposed of by this common order.

2. The accused/applicant has moved these first bail applications under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime Nos. 508/2019 in MCRC No. 621/2020 and

515/2019 in MCRC No. 649/2020 registered at Police Station - Dongargarh, District-Rajnandgaon (C.G.) for the offence punishable under Sections 420, 467, 468, 471/34 and 120-B of the IPC.

3. The allegation against the present applicant is that during his posting as Cashier in the Punjab National Bank in the year 2013, he obtained illegal benefit from the bank by involving the Kisan Credit Card (KCC) loan recipient in a criminal conspiracy and acquired such loan by fraudulently preparing false and forged revenue records in connivance with certain bank officials and shared the loan amount among themselves. Based on this offence has been registered against the present applicant. The present applicant is in custody since 02.12.2019 in MCRC No. 621/2020 and 23.12.2019 in MCRC No. 649/2020 in connection with the crime numbers as aforementioned.

4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the applicant was posted as head cashier in the bank and the duty of the head cashier is of cash transaction. Being a cashier, it is neither the duty of the applicant to sanction the loan amount nor to verify the documents submitted for the purpose of sanctioning of loan amount and his duty is to disburse the loan amount to the recipients. He next submits that the applicant is in jail since 02.12.2019 in MCRC No. 621/2020 and 23.12.2019 in MCRC No. 649/2020, there is no likelihood of his case being decided in near future, therefore, the present appellant may be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He submits that the applicant fraudulently obtained KCC Loan amount meant for farmers.

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

7. Taking into consideration the entire circumstances of the case, gravity of offence and further considering the fact that the applicant is a Govt. Servant (head cashier in Punjab National Bank) and the manner in which the KCC loan is alleged to have been acquired and shared, at this stage I am not inclined to release him on bail.

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

Sd/- (Rajani Dubey) Judge H.L. Sahu