Arvind Chatuvaidani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 4222 OF 2015 Arvind Chatuvaidani son of Awadhram, aged about 28 yeas, resident of Chhanta, Police Station Lalpur, at present resident of Karhi, Police Station, Tahsil and District Mungeli (C.G.) ---Applicant

Versus

State of Chhattisgarh, Through : Station House Officer, Police Station Kawardha, District Kabirdham (C.G.) ---Non-applicant For Applicant :

Mr. M.D. Dhote, Advocate.

For-Non-applicant :

Mr. Siddharth Rathore, Dy. Govt. Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 24/08/2015 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. 184/2015, registered at Police Station Kawardha, District Kabirdham (C.G.), for the offence punishable under Sections 419 & 420 of Indian Penal Code. 2.

Case of the prosecution, in brief, is that, applicant is said to have obtained Rs. 3,00,000/- from the complainants for providing job to them and thereby committed offence.

3.

Learned counsel for the applicant would submit that applicant has not committed any offence and has been falsely implicated in offence in question. He would further submit that story as framed by the prosecution is improbable. He would further submit that complainants are either Constable

and Head Constable in Jail Department. He would further submit that charges have been framed but witnesses have not turned up for examination. He would lastly submit that charge sheet has been filed and applicant is in jail since 26/05/2015 therefore, he may be released on bail. 4.

On the other hand, learned State counsel would oppose the prayer for grant of bail.

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; material collected by the prosecution and the manner in which huge money was obtained by the applicant from the complainants for providing job to them, 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