Pravin Kumar Hota v. The State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 7351 of 2015 Pravin Kumar Hota S/o Sachichinand Hota Aged About 30 Years R/o House No. 07, L I G, Badriya Vihar, Amlidih, P.S. Rajendra Nagar, Raipur, Tehsil & Distt. Raipur, Chhattisgarh. ---- Applicant

Versus

The State Of Chhattisgarh Through S.H.O., P.S. Khamtarai, Raipur, Chhattisgarh.

---- Respondent For applicant - Shri Vikram Singh, Advocate. For Respondent/State - Shri Anant Bajpai, PL. Hon'ble Shri Justice Goutam Bhaduri Order 5/01/2016 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 431/14 registered in Police Station Khamtarai for offence punishable under section 420, 467, 468, 471, 201 & 120B of IPC.

2.

As per the prosecution case vehicle was registered on 26/04/2012 for which e-challan was deposited of Rs.4,55,847/-. Subsequently, amount did not match and on the basis of e-challan car of one Ganesh Prasad was registered as C.G. 04/HE-0111. Subsequently, e-challan did not match with the treasury challan and on inspection of treasury challan it was recovered that amount of Rs.4/- and Rs.1/- was deducted from the account of this applicant who was also working with another agent Amit Masih. Further it is case of prosecution that applicant was working as partner of Amit Masih who was working as RTO agent and used to sit at office situated at Pancpedi Naka, therefore the applicant along with other co-accused and the cashier of the RTO has committed forgery with the

government account and instead of Rs.4,55,847/-, Rs.5/- only was paid. 3.

Learned counsel for the applicant submits that no evidence is available against this applicant and according to the memorandum entire allegation are attributed to one Amit Masih and charge sheet which is filed do not show the fact that applicant is in any way involved in the crime and he has been falsely implicated, therefore applicant may be released on bail.

4.

Learned State counsel opposes the prayer for grant of bail and submits that applicant in connivance with other co-accused has committed such forgery, thereby caused huge amount loss to the government ex-chequer besides making false e-treasury document. He submits that subsequently on the enquiry made officially this fact came to the light and FIR was lodged.

5.

Charge sheet in this case has been filed. Perused the document and the charge sheet. Perused the memorandum of the applicant also wherein this fact has come to fore that from applicant's account amount of challan was deducted. Taking into nature of the allegations and also taking into fact that charges under Section 120-B of IPC is also registered against this applicant. Taking into totality of the documents the way the offence has been committed at this stage it cannot be ruled out that if applicant is enlarged on bail, there will be tampering of the evidence. Therefore, considering the facts and circumstances of the case, this court is not inclined to release the applicant on bail. 6.

Accordingly, the bail application is dismissed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri