Gajpal Singh Hans v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 3116 OF 2015 Gajpal Singh Hans, aged about 42 years, son of Shri Santram, Caste Ganda, R/o Village Chhuri Kala, P.S. & Tahsil Katghora, District Korba (C.G.) ---Applicant

Versus

State of Chhattisgarh, Through : The Station House Officer, P.S. Urga, District Korba (C.G.) ---Non-applicant For Applicant :

Mr. Mirza Kaiser Baeg, Advocate.

For-Non-applicant :

Mr. O.P. Sahu, Govt. Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 15/07/2015 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. 43/2013, registered at Police Station Urga; District Korba (C.G.), for the offence punishable under Sections 409, 420, 467, 468/34 of Indian Penal Code.

2.

Case of the prosecution, in brief, is that, 4637.60 quintal paddy was found short in the Paddy Procurement Center, Umreli amounting to Rs. 75,97,000/-.

3.

Learned counsel for the applicant would submit that applicant has not committed any offence and has been falsely implicated in the offence in question. He would further submit that applicant is Bank Manager. He would also submit that no custodial interrogation is required and no useful purpose

would be served by keeping him in jail. He would lastly submit that charge sheet has been filed and applicant is in jail since 21/01/2015, 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 being a Branch Manager was required to release the amount of cheque to the farmers/agriculturists, but applicant has released the said amount in favour of Kamal Sahu. 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 considering the fact that bail applications of co-accused persons have been rejected in M.Cr.C. Nos. 629/2015, 605/2015, 520/2015 & 947/2015, 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 Tiwari