Tikaram Nayak v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5822 of 2016 Tikaram Nayak S/o Shobhnath Nayak, Aged About 30 Years, By Caste Kolta, R/o Village Pathiyapali, Police Station-Basna, Distt. Mahasamund Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through S.H.O., Police Station Basna, Distt. Mahasamund Chhattisgarh.

---- Respondent For applicant - Ms. Preetha Ghosal, Advocate. For Respondent/State - Shri Vinod Tekam, PL.

Hon'ble Shri Justice Goutam Bhaduri Order 27/09/2016 1.

This is the third bail application under Section 439 of Cr.P.C. The first bail application was dismissed as withdrawn on 14/01/2016 vide M.Cr.C. No.7657 of 2015. The second bail application was dismissed for want of prosecution on 31/08/2016.

2.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No.372/2015 registered in Police Station Basna, Distt. Mahasamund (C.G.) for offence punishable under sections 489(c), (d), 292 of IPC and Section 67 (b) of I.T. Act. 3.

As per the prosecution case, on a secret information received on 5/12/2015 the shop of the applicant was raided and above the shop in a room scanner, printer and computer were recovered and alongwith that 3 counterfeit notes of Rs.100/- were also recovered. 4.

Learned counsel for the applicant submits that the currency notes were not recovered in person from the applicant and the scanner and the computer also do not show that the applicant has printed the counterfeit currency notes and maximum case would fall under Section 489-c of IPC which is bailable. Therefore, learned counsel submits that the applicant

may be released on bail.

5.

Learned State counsel opposes the prayer for grant of bail. 6.

On perusal of the case diary and the documents it shows that from the possession of the applicant CPU, printer and monitor were also recovered and also counterfeit notes were recovered which were in the jacket. Taking into statement of the witnesses who were at the time of the seizure, this court is not inclined to release the applicant on bail. 7.

Accordingly, the bail application is dismissed. Sd/- (Goutam Bhaduri) JUDGE gouri