Anil Kumar Dewangan v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4844 of 2016 Anil Kumar Dewangan S/o Kamlesh Dewangan Aged About 24 Years, R/o Nagar Palika Road, Shyam Nagar, Durg, Tahsil & Distt. Durg Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through - District Magistrate Civil & Revenue Distt. Durg Chhattisgarh ---- Respondent For applicant - Shri Amiyakant Tiwari, Advocate. For Respondent/State - Shri Anil S. Pandey, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 23/08/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.231/2016 registered in Police Station Durg, District Durg for offence punishable under section 420, 467, 468/34 of Indian Penal Code, 1860 Section 66 (B), 66(D), 66(C) of I.T. Act. 2.

As per the prosecution case, one Lokesh Kumar Patil working in RTO made a report that in between 29/02/2016 to 8/03/2016 RTO tax of 50 vehicles was paid by using his computer ID which he could discover on 9/03/2016 and on enquiry it was found that Rajesh Agrawal, RTO agent and Rohit Sharma data entry operator of Smart Chip Pvt. Ltd. alongwith applicant has committed such offence and forged entry was made by using the ID of Lokesh Kumar Patil.

3.

Learned counsel for the applicant would submit that the FIR and the evidence collected would indicate that entire offence has been committed by Rajesh Agrawal and Rohit Sharma and the applicant who was working in the Smart Chip Pvt. Ltd. at one time at the instance of Rajesh Agrawal has made entry of 11 vehicles and ID of Lokesh Kumar Patil was provided

to him by Rajesh Agrawal, therefore learned counsel submits that applicant being employee of the Smart Chip Pvt. Ltd. he has not committed any offence and no evidence is available against the applicant, therefore the applicant may be released on bail. 4.

Learned State counsel opposes the prayer for grant of bail. 5.

Perused the statement of Lokesh Kumar Patil and also memorandum statement of the applicant. The FIR would indicate that the entire allegations have been attributed to Rajesh Agrawal and Rohit Sharma. Considering the statement, evidence collected and nature of allegation against this applicant, this court is inclined to release the applicant on bail.

6.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed.

Sd/- (Goutam Bhaduri) JUDGE gouri