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High Court Of ChhattisgarhMCRC/95/2016rejected

Rajendra Gupta v. State Of Chhattisgarh

2016-01-21Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 95 of 2016

1. Rajendra Gupta S/o Chhotelal Gupta Aged About 49 Years R/o Village Ghorda, Police Station Lalbag, Tahsil & District Rajnandgaon Chhattisgarh, Civil & Rev. District Rajnandgaon Chhattisgarh.

2. Anandram Khobragarhe S/o Ghasiyaram Khobragarhe Aged About 46 Years R/o Village Ghorda, Police Station Lalbag, Tahsil & District Rajnandgaon Chhattisgarh, Civil & Rev. District Rajnandgaon Chhattisgarh.

--- Petitioners

Versus

• State Of Chhattisgarh Through Police Of Police Station Khamtarai, Tahsil & District Raipur Chhattisgarh, Civil And Rev. District Raipur Chhattisgarh.

--- Respondents For the applicants :

Mr. Ratnesh Agrawal, Advocate For the Respondent :

Mr. Ramakant Pandey, Dy.A.G.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 21.01.2016

1. This is an application filed under Section 439 of the Code of Criminal Procedure seeking grant of regular bail to the applicant in connection with Crime No. 232 of 2015 registered at P.S. Khamtarai, District Raipur (C.G) for the offence punishable under Sections 420, 467, 468, 471 & 120B of IPC.

2. As per the prosecution case, applicant Rajendra Gupta alongwith his wife and brother cheated complainant Yogesh Sharma by assuring that he will secure appointment as he has very good rapport with officials. It is alleged that on such fraudulent misrepresentation, the complainant gave Rs.9 lacs for arranging employment for Tarun Sharma, Mukesh Sharma and Pawan Sharma. Forged appointment letters were also given. Thereafter, report was lodged in

police station. The allegation against the applicants is that they are also associates, who were introduced as railway officials.

3. Learned counsel for the applicant submits that the present applicants have not played any role and it is an outcome of land dispute for which a false report has been made.

4. Per contra, learned State Counsel opposes the bail application.

5. Perused the statements and documents and the report wherein direct allegations have been levelled against applicants Rajendra Gupta and Anand Ram Kobragarhe that both of them alongwith other co-accused have cheated the persons and received the amount to provide job and Rajendra Gupta received the amount and Anand Ram Kobragarhe appeared as an Railway Official by false personification.

6. Taking into fact that the names of present applicant Rajendra Gupta and Anand Ram Kobragarhe are mentioned in the FIR and a perusal of the evidence also supports the same, I am not inclined to release them on bail. Accordingly the bail application is rejected.

Sd/- GOUTAM BHADURI JUDGE Rao