Atul Sharma v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4350 of 2016 Atul Sharma, S/o. Yogondra Sharma, Aged About 34 Years, R/o. Kailash Nagar, Housing Board, E.W.S. 168, Jamul, Tahsil & District Durg. ---- Applicant

Versus

State Of Chhattisgarh, Through the Collector, Durg, Chhattisgarh. ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Jitendra Gupta, Advocate For Respondent :

Mr. Anupam Dubey, Dy. Govt. Advocate.

--------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 08.08.2016 1.

This is the 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 in connection with Crime No.192/2016 registered at Police Station- Purani Bhilai, Distt. Durg (C.G.) for the offence punishable under Section 420, 467, 468, 471, 472/34 of Indian Penal Code.

2.

As per the prosecution case, the applicant alongwith the other coaccused used to prepare the forged driving licence, fitness certificate and registration of the vehicle so as to allow it to cross the border and from the possession of this applicant forged seal was recovered of Maharastra and other State.

3.

Learned counsel for the applicant would submit that except the seal no document has been recovered from the applicant and he has been falsely implicated and the allegations have been attributed against the other accused Pankaj Kumar Sao and on the

memorandum of the other accused, the applicant has been inculpated, therefore, he may be released on bail. 4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perused the memorandum of Pankaj Kumar Sao and the seizure. Seizure memo shows that from the possession of this applicant, forged seals were recovered. Taking into such recovery made and the nature of offence being the inter-state operation, I am not inclined to release the applicant on bail.

6.

Accordingly, the bail application filed under Section 439 of Cr.P.C. is dismissed.

Sd/- (Goutam Bhaduri) Judge Ashok