Naresh Joshi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 214 of 2021 • Naresh Joshi, S/o Prabhu Das Joshi, Aged About 30 Years, Caste Satnami, R/o Village- Ghoghra, P.S. Nawagarh, Tahsil & District- Bemetara, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Nawagarh, District- Bemetara, Chhattisgarh. ---- Respondent For Applicant : Mr. Pradeep Kumar Jogi, Adv.

For Respondent/State : Mr. Roshan Dubey, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 23.06.2021

1. Heard.

2. This application under Section 438 of the Code of Criminal Procedure has been filed by the applicant who is apprehending his arrest in connection with Crime No. 05/2021 registered at Police Station- Nawagarh, District- Bemetara, (C.G.) for commission of the offence punishable under Section 420 of IPC.

3. Case of the prosecution is that, it has been alleged that present applicant had embezzled an amount of Rs. 1,41,2002/- by obtaining thumb impression of the complainant. Based on this, offence was registered against the present applicant.

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 there is no antecedent registered against the applicant, therefore, the present applicant may be granted anticipatory bail.

5. On the other hand, counsel for the State however opposes the

application for anticipatory bail by submitting that the said amount has been withdrawn by the applicant, therefore, applicant may not be released on anticipatory bail.

6. After hearing counsel for the parties and considering the facts and circumstances of the case, especially nature and gravity of crime in question, at this stage, I am not inclined to release him on anticipatory bail.

7. Accordingly, his anticipatory bail application filed under Section 438 of the Code of Criminal Procedure is rejected. Sd/- (Rajani Dubey) Judge Ruchi