Manoj Nagdeve v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2675 of 2018 Manoj Nagdeve S/o Shri Ramji Nagdeve Aged About 26 Years R/oAtal Awas Block 12, Pandrey Rajnandgaon, Tahsil And DistrictRajnandgaon, Chhattisgarh. ---- Applicant

Versus

State of Chhattisgarh Through- P.S. Basantpur, District- Rajnandgaon, Chhattisgarh.

---- Respondent For applicants Mr. Aditya Bhardwaj, Advocate.

For State Mr. UKS Chandel, Panel Lawyer.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 9-5-2018

1. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending before any other court.

2. Perused the copy of the case diary produced by counsel for the state in connection with Crime No. 104/2018 registered in police station Basantpur Distt. Rajnandgaon for offence punishable under Sections 392, 411, 34 of the Indian Penal Code and also heard counsel for the parties.

3. Prosecution story in brief is that on 12-3-2018 at 9 pm complainant Anand Tejwani was returning back with sale amount of Rs. 6,50,000/- in a scooty. When he reached near Lalbagh, three persons came from behind in a motorcycle, beat the complainant and snatched Rs. 6,50,000/- from him and fled away. At the instance of memorandum of the applicant, Rs. 1 lac was seized from him.

4. Counsel for the applicant argued that the applicant is innocent and falsely implicated hence he be released on bail.

5. On the other hand, the Panel Lawyer appearing for the State opposed the bail application.

6. The applicant has filed an affidavit of Smt. Hembai who stated in her affidavit that the cash which is seized from the applicant, she had given him for keeping and later she would get back the same from him.

7. At this stage, the applicant does not get any help from the aforesaid affidavit.

8. Looking to the facts and circumstances of the case, looking to the seriousness of the alleged offence and also the impact of granting bail to the applicant on the society, this Court is not inclined to grant bail to the applicant.

9. Consequently, the MCRC is dismissed.

Sd/- (Sharad Kumar Gupta) Judge Pathak