Dinesh Hira v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1183 of 2021 • Dinesh Hira S/o Ashish Hira Aged About 38 Years Resident Of Ramnagar Urla, Gaya Nagar, Durg, Police Station City Kotwali, Tahsil And District Durg Chhattisgarh.

----Applicant

Versus

• State of Chhattisgarh Through The District Magistrate Durg Chhattisgarh.

---- Respondent For Applicant.

:

Mr. B.P. Singh, Advocate.

For Respondent/State :

Mr. Samir Uraon, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 17.02.2021 The applicant has filed Second Bail Application under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with Crime No. 414/2020 registered at Police Station: Durg, District Durg (C.G.) for the offence punishable under Sections 489(B) & 489(C) of the IPC.

The first bail application of the applicant was dismissed on 29.09.2020 passed in MCRC No. 5440/2020.

As per the prosecution case, the allegation against the present applicant is that he purchased Rice worth of Rs. 775/- from the complainant's shop and gave two counterfeit notes of Rs. 500/- each. Based on that, after investigation, offence has been registered against the applicant and he has been arrested. Learned counsel for the applicant submits that the applicant is

innocent and has been falsely implicated in the case. He would next contend that he is a medical ofÏcer and there is no direct allegation against the applicant. He further contended that the applicant is in jail since 26.06.2020 and he is ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this court, therefore, the present applicant may be released on bail.

Per contra, learned State counsel opposes the bail application and submits that more than 40 counterfeit notes along with a printer have been seized from the possession of the present applicant which shows his direct involvement in the crime in question, therefore, looking to nature of the crime, he may not be granted bail. I have heard learned counsel for the parties and perused the case diary.

After rejection of his first bail application on merit, I do not find any change in circumstances, therefore, no case is made out for grant of bail.

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

Sd/- (Rajani Dubey) Judge Vijay Sahu