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High Court Of ChhattisgarhMCRC/2321/2015dismissed

Kanshiram Kashyap v. State Of Chhattisgarh

2015-07-28Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 2321 OF 2015 Kanshiram Kashyap, son of late Shri Dashrath Prasad, aged about 56 years, Occupation-dispatch clerk, resident of village Irrigation Colony, Janjgir, P.S. Janjgir, Civil and Revenue District Janjgir-Champa (CG) ---Applicant

Versus

State of Chhattisgarh, Through : Station House Officer, P.S. Janjgir, Civil and Revenue District Janjgir Champa (CG) ---Non-applicant For Applicant :

Mr. Deepak Kumar Singh, Advocate.

For-Non-applicant :

Mr. O.P.Sahu, Government Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 28/07/2015 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.694/2014, registered at Police Station-Janjgir, District-Janjgir-Champa (CG), for the offence punishable under Sections 420, 467, 468, 471, 201 and 120B/34 of the I.P.C. 2.

Case of the prosecution, in brief, is that, the applicant and co-accused persons have obtained huge money from the complainants to provide job to them and thereby committed the aforesaid offence. 3.

Learned counsel for the applicant would submit that the applicant is only dispatch clerk, he has obtained the documents and posted in the receipt register and processed accordingly. Learned counsel would further submit that he has not committed any offence and has been falsely implicated in

crime in question. Learned counsel would also submit that charge-sheet has already been filed and he is in jail since 4.3.2015. 4.

Learned State counsel would oppose the prayer for grant of bail and submit that knowing fully well that the documents are forged, the applicant has made entries in order to deceive the Government and its official.

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; role of the present applicant, the fact that trial is in advance stage and also the fact that eight witnesses have already been examined, this Court is 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 B/-