Naresh Singh Kanwar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1613 of 2018 Naresh Singh Kanwar S/o Shri Bhagat Singh Aged About 45 Years R/o- Village- Kedma, Police Station Udaypur, District- Surguja, Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through- Station House Officer, Police StationUdaypur, District- Surguja, CG ---- Non-applicant For applicant Mr. R.V. Rajvade, Adv.

For Respondent/State Ms. M. Asha, Panel Lawyer.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 1-31. This is second bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending before any other court. His first bail application was dismissed by this Court vide order dated 2-11-2017 on merit.

2. The applicant has been arrested in connection with Crime No. 72/2015 registered at Police Station Udaypur, Distt. Surguja (CG) for the offence punishable under Sections 420, 409, 467, 471 and 216 of the Indian Penal Code.

3. Case of the prosecution in brief is that the present applicant was posted as Shakha Dakpal at Kedma from 24-5-2001. During his tenure he obtained Rs. 3,17,648/- for the payment of the beneficiaries. He had obtained the signatures in payment slip of the beneficiaries but payment was not made to them. He had misappropriated the said amount. He had also not deposited Rs. 3,550/- in Saving Bank Account and also misappropriated it.

4. Learned counsel for the applicant submits that after rejection of the first bail application, police has filed charge sheet and the applicant has a good case.

5. On the other hand, learned State counsel opposes the bail application.

6. There is no material change in the circumstances of the case which may entitle the applicant to be enlarged on bail.

7. Consequently, the instant bail application is dismissed. Sd/- (Sharad Kumar Gupta) Judge Pathak