Vyas Narayan Tiwari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 548 of 2021 • Smt. Padmini Tiwari W/o Vyas Narayan Tiwari Aged About 47 Years R/o H. No. 5/A, Tilak Road, Kawardha, Police Station, Tehsil And District Kabirdham, Chhattisgarh.

---- Petitioner

Versus

• State Of Chhattisgarh Through District Magistrate, Rajnandgaon, District Rajandgaon, Chhattisgarh. ---- Respondent MCRCA No. 557 of 2021 • Vyas Narayan Tiwari S/o Sitaram Tiwari Aged About 56 Years Present R/o H. No. 5 / A, Tilak Road, Kawardha, Police Station, Tahsil And District Kabirdham, Chhattisgarh ---- Petitioner

Versus

• State Of Chhattisgarh Through District Magistrate, Rajnandgaon, District Rajnandgaon, Chhattisgarh. ---- Respondent For Applicants Mr. Rakesh Pandey, Advocate For Respondent /State Mr. Vikram Sharma, Dy. GA Proceedings through Video Conferencing SB.: Hon'ble Mr. Prashant Kumar Mishra, Ag. CJ Order On Board 28/7/2021

1. Heard.

2. Since both the bail applications are filed by the wife and

husband differently, they are being considered and disposed of by this common order.

MCRCA No. 548 of 2021

3. This is an application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicant, who is apprehending her arrest in connection with Crime No.516/2019 registered at Police Station Dongargarh, District Rajnandgaon (CG) for the offence punishable under Sections 420, 467, 468, 471 of the IPC.

MCRCA No. 557 of 2021

4. This is an application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No.522/2019 registered at Police Station Dongargarh, District Rajnandgaon (CG) for the offence punishable under Sections 420, 467, 468, 471, 34 of the IPC.

5. The applicants have obtained loan under the KCC scheme by submitting forged documents and have failed to repay the amount. The FIR has been lodged by the Branch Manager, Punjab National Bank.

6. Admittedly, there are about 50 persons, who have committed similar kind of fraud and against all of them, the FIR has been lodged. Several co-accused persons namely Raman Robinson, Dharmesh Shrivastava, Laddi @ Harpal Singh and Ashish have

applied for anticipatory bail and regular bail respectively, which have been dismissed by this Court in MCRCA Nos.2033/2019, 2029/2019 and other similar bail applications.

7. Considering the nature of allegations and rejection of the bail applications of similarly placed co-accused persons though in other Crime Numbers, I am not inclined to extend the benefit of Section 438 of Cr.P.C. to the applicants.

8. Accordingly, the bail applications are dismissed. Sd/- ( Prashant Kumar Mishra) Acting Chief Justice Shyna