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High Court Of ChhattisgarhMCRC/1914/2021dismissed

Anurag Yadav v. State Of Chhattisgarh

2021-07-06Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1914 of 2021

1. Anurag Yadav S/o Shri Anil Yadav Aged About 26 Years Residents Of House No 109, Rithi Jaunpur Police Station Sikrara District Jaunpur Uttar Pradesh.

2. Janardan Yadav S/o Ram Jiyawan Yadav Aged About 33 Years Residents Of House No 133, Sonhita Police Station Sujanganj District Jaunpur Uttarpradesh.

---- Applicants

Versus

State Of Chhattisgarh Through Station House Officer, Police Of Police Station Kotwali Jagdalpur And District Jagdalpur Chhattisgarh.

---- Respondent For applicants - Shri Prashant Jaiswal, Sr. Advocate with Shri Ashutosh Shukla, Advocate.

For Respondent/State - Shri Rahul Jha, G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 06/07/2021 1.

The applicants have preferred this application for grant of bail as they are arrested in connection with Crime No.518/2020 registered in Police Station Kotwali, Jagdalpur, District Jagdalpur (C.G.) for offence punishable under sections 420, 120-B of Indian Penal Code, Section 66 of I.T. Act 2000.

2.

As per the prosecution case, the applicants in connivance with others used to withdraw the amount from the ATM and immediately they used to put certain error to show that the money has not been taken out. Eventually on that basis the money was again been transferred from the bank to their account and in the process Rs.1 crore 8 lakhs were withdrawn at different point of time. The FIR was lodged by the SBI Manager, Jagdalpur and it came to fore.

3.

Learned counsel for the applicants submits that the charge sheet

has been filed, no custodial interrogation is required and the FIR is against the unknown persons, therefore there is no virtual evidence against them, trial may take some time, therefore the applicants may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail and would submit that another accused who is master mind is still absconding and after the applicants were arrested it was found that they have purchased huge property and certain cash were also recovered. 5.

Having considered the fact that one of the accused is still absconding and the way the offence is committed whereby the public money was taken away, I am not inclined to release the applicants on bail. 6.

Accordingly, the bail application is dismissed. Sd/- (Goutam Bhaduri) JUDGE gouri