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High Court Of ChhattisgarhMCRC/578/2016dismissed

Neeraj Yadu v. State Of Chhattisgarh

2016-02-11Hon'Ble Shri Justice Sanjay K. Agrawal3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 578 OF 2016 Neeraj Yadu S/o Santosh Yadu aged about 27 years R/o Tulsipar District Rajnandgaon (CG) ---Applicant

Versus

State of Chhattisgarh, Through the Police Station City Kotwali District Rajnandgaon (CG) ---Non-applicant For Applicant :

Mr. Aditya Bhardwaj, Advocate For-Non-applicant :

Mr. Dhiraj Wankhede, G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 11/02/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 939/2015, registered at Police Station City Kotwali District Rajnandgaon (C.G.), for the offence punishable under Sections 420, 467, 468, 471 of Indian Penal Code.

2.

Case of the prosecution, in brief, is that, applicant has obtained Rs.15 Lacs from the complainants to secure employment and cheated them and thereby committed aforesaid offence.

3.

Learned counsel for the applicant would submit that applicant has not committed any offence and has been falsely implicated in crime in question. He would further submit that there is money transaction between the parties. He would further submit that no useful purpose would be served by keeping him in jail. He would lastly submit that applicant is in jail since 02/12/2015, therefore, he may be released on bail.

4.

On the other hand, learned State counsel would oppose the prayer for grant of bail and submit that applicant has obtained Rs.2.50 Lacs from the complainants which was evident from bank account of the applicant; other related documents have been recovered and the said amount has been taken for securing employment to them, as such, he is not entitled to be released on bail.

5.

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

6.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence and the manner in which the amount is said to have been obtained for securing employment, I am not inclined to release the applicant on regular bail.

7.

Accordingly, bail application filed under Section 439 of the Cr.P.C. is rejected.

8.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge Tiwari