Dr. Mohan Kumar Koshle v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4372 of 2016 • Dr. Mohan Kumar Koshle S/O Late Shanker Lal Koshle Aged About 38 Years R/O Bhilai Bazar, Police Station Kusmunda, Post & Tahsil Katghora, District Korba Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh (Out Post Rampur) Through District Magistrate, District - Korba Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------------- For Applicant :

Mr. Anil Gulati, Advocate For Respondent/State :

Mr. Anil S. Pandey, 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 on 12-12-2015 in connection with Crime No. 546 of 2015, registered at Outpost Rampur, PS City Kotwali, Korba (CG) for the offence punishable under Sections 420, 467, 468, 120 (B) read with Section 34 of the IPC.

2.

Case of the prosecution, in brief, is that the applicant in connivance with other co-accused persons obtained amount to get them employed in Government department and thereafter issued the appontment letters which were found to be forged. When few of the co-accused persons were arrested, present applicant was also arrested and on his memorandum few fake appointment letters were recovered and thereby the aforesaid offence was committed.

3. Learned counsel appearing for the applicant would submit that the incident is of 2014, applicant is not involved in any offence and oly on the basis of memorandum of co-accused he has been falsely

implicated in this case. He would further submit that the chargesheet has been filed, the applicant is in jail since 12-12-2015 and no further investigation is required, therefore, he may be enlarged on bail.

4. Per contra, learned State counsel oppossing the bail application would submit that the case of the present applicant is similar to the case of other co-accused persons whose bail applications have been rejected by this court vide orders dated 15-6-2016 and 29-062016 passed in M.Cr.C.Nos. 2874 of 2016 & 3218 of 2016, therefore, the applicant is also not entitled to be released on bail.

5. I have heard learned counsel for the parties, perused the case diary and documents wherein allegations have been attributed to the applicant that he along with other co-accused persons obtained huge amount from different persons to get persons appointed in Government department and gave them fake appointment letters.

6. Taking into consideration all the facts and circumstnces of the case, nature and gravity of the offence, the manner in which the aforesaid offence has been committed and recovery of fake appointment letters from the possession of the applicant, I am not inclined to release the applicant on bail.

7. Accordingly the application filed uder Section 438 of the Cr.P.C., is liable to be and is hereby dismissed.

Sd/- (Goutam Bhaduri) Judge Raju