Sonu Kumar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3906 of 2016 • Sonu Kumar S/O Aatmaram Sasi Aged About 23 Years R/O Village Julana, P.S. Julana, District Jind, Hariyana. ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Mainpur, District Gariyaband, Chhattisgarh. --Respondent -------------------------------------------------------------------------------------------------- For Applicant :

Mr. C.R. Sahu, Advocate.

For Respondent/State : Ms. Shobha Kashyap, Dy.G.A. -------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 20-07-2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 27-4-2016 in connection with Crime No.15 of 2016 registered at Police Station Mainpur, District Gariyaband (CG) for the offence punishable under Section 420 of the IPC.

2. The case of the prosecution, in brief, is that on 15-2-2016 complainant Ajit Kumar Singh alongwith his friend Digvijay Singh went to ATM and tried to take out the money from ATM, but it was not accepted by the machine and at that time the applicant who was present there again tried to take out the money, after asking the pass-word of pin number of ATM card he took out Rs.3000/- and while giving back the ATM card, the same was changed and ATM card belonging to the complainant was kept inside and instad thereof one similar type of ATM card was given which was taken by the complainant. Subsequently, it was revealed that Rs.10,000/- and Rs.8000/- have been taken out from ATM within 1 -2 minutes,

thereafter a report was made, subsequently the applicant was arrested in connection with some other case wherein the applcant was further identified while photographs were shown and thereby the aforesaid offence was committed.

3. Learned counsel appearing for the applicant would submit that the applicant has been falsely implicated in the case, no evidence is available against the applicant to connect him with the crime in question. He would further submit that charge-sheet has been filed, the applicant in jail since 27-4-2016 and no further investigation is required, therefore, he may be released on bail.

4. Per contra, learned State counsel opposes the bail application

5. I have heard learned counsel for the parties and perused the case diary and other documents which would show that withdrawl has been made by the applicant and the applicant appears to have committed the similar nature of offence.

6. Taking into consideration the facts and circumstances of the case, nature and gravity of the offence and considering the back-ground and past antecedents of the applicant, I am not inclined to release the applicant on bail.

7. Accordingly, the instant bail application is liable to be and is hereby dismissed.

Sd/- (Goutam Bhaduri) Judge Raju