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High Court Of ChhattisgarhMCRC/6088/2015dismissed

Jageshwar Sai Painkra v. State Of Chhattisgarh

2015-11-17Hon'Ble Shri Justice Goutam Bhaduri2 pages

Page No.1 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.CR.C. No. 6088 of 2015

1. Jageshwar Sai Painkra, S/o. Sukhnath Sai, aged about 39 years, Caste-Uraon, R/o. Village-Ghumra, Tehsil- Farsabahar, Thana - Tapkara, District - Jashpur (C.G.), Civil and Revenue District - Jashpur (C.G.) ----Applicant

Versus

1. State Of Chhattisgarh, Through : Station House Officer, Police Station - Kunkuri, District Jashpur (C.G.) ---- Respondent For Applicant : Mr. Manoj Chauhan, Advocate For Respondent/State : Mr. Neeraj Jain, Govt. Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 17/11/2015 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.82/2015, registered at Police Station - Kunkuri, District - Jashpur (C.G.) for the offence punishable under Section 420, 467, 468, 471, 409 & 120(B) of Indian Penal Code.

2.

Case of the prosecution, in brief, is that the applicant, who was working as Technical Assistant in Gram Panchayat, Kunjara, wherein he assist the work done to be wrong and was parted for preparation of forged muster role and on enquiry by the Collector, the offence was found to be committed.

3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case as he was technical assistant and was working on contract basis under the C.E.O. He would further

Page No.2 submit the applicant is not parted for preparation of forged muster role and actually the work was done. He would further submit that the Chief Executive Officer has been enlarged on bail, consequently, this applicant is also entitled for bail.

4.

On the other hand, learned counsel for the State opposes the bail application.

5.

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

6.

Considering the fact that the applicant, who was working as Technical Assistant and thereby he has to assist the work done in MANREGA. The matter is under investigation and the charge sheet has not been filed. Taking into the fact that the matter is still under investigation and considering the documents of the case diary, at this stage, I am not inclined to allow this application.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is dismissed.

Sd/- (Goutam Bhaduri) Judge Balram