High Court Of ChhattisgarhMCRC/4633/2015rejected

Set Ram Patel v. State Of Chhattisgarh

2015-09-15Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Misc. Criminal Case No.4633 of 2015 Set Ram Patel, S/o Tilak Ram Patel, aged about 36 years, R/o Kushwabahari, P.S. Bhupdevpur, District Raigarh (C.G.) ---- Applicant

Versus

State of Chhattisgarh, Through the Station House Office, P.S. Kharsiya, District Raigarh (C.G.) ---- Non-applicant For Applicant:

Mr. Shashi Bhushan Singh Patel, Advocate.

For Non-applicant:

Mr. Om Prakash Sahu, Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 15/09/2015

1. The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure, 1973 for releasing him on regular bail during trial in connection with Crime No.371/2015, registered at Police Station Kharsiya, Distt. Raigarh, for the offence punishable under Sections 420, 467, 468, 471 and 120B read with Section 34 of the IPC.

2. Case of the prosecution, in brief, is that on 11-5-2015 Monet Ispat Energy issued a cheque of Rs.8,045/- in favour of Sahu Painting Works to which "70" was added before "8045" and the cheque was deposited in the bank account. One co-accused Kishore Kumar Sahu has deposited the said cheque in his account and an amount of Rs.1,44,000/- has been withdrawn by the present applicant.

3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in the crime in question, in fact he has executed the work of painting as directed by

Kishore Kumar Sahu and pursuant to which the cheque has been issued to him by Kishore Kumar Sahu. The applicant is in custody since 10-82015.

4. On the other hand, learned State counsel opposes the application.

5. I have heard learned counsel appearing for the parties and perused the case diary.

6. Taking into consideration the nature and gravity of offence, facts and circumstances of the case, nature of dispute and the manner in which Rs.7 lakhs has been withdrawn in addition to the amount given by Monet Ispat Energy, I do not consider it a fit case for grant of regular bail to the applicant. The application is rejected.

Sd/- (Sanjay K. Agrawal) Judge Soma