Gautam Gope v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 3005 of 2019 Gautam Gope Aged About 49 Years S/o Late Shri Balram Gope, R/o Purana Bazar Behind Post Office, Mana Camp, P.S. Mana Camp, District- Raipur, Chhattisgarh, District : Raipur, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through- P.S. Mana Camp, District- Raipur, Chhattisgarh, District : Raipur, Chhattisgarh. ---- Respondent For the Applicant :

Shri J.K. Gupta, Advocate For the State :

Shri Vikram Dixit, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /05/2019

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the learned counsel for the State in connection with the Crime No.72/2019 registered at Police Station Mana Camp, District Raipur (C.G.) for the offence punishable under Section 407 of IPC.

3. Case of the prosecution, in brief is that applicant was the supplier of M.N. Fish Seed Cultivation Private Limited. He used to take fish and challan and supplied to fish traders, he used to deposit cash and bills given by the traders to the said company during 25/12/2018 to 03/03/2019 he had received Rs. 17,19,330/- and bills from the fish traders but did not deposit it to said company.

4. Learned counsel for the applicant submits that he is innocent and falsely implicated in the present case, therefore, he shall be released on bail.

5. On the other hand, counsel for the State opposes the bail application. He further submits that no criminal antecedents against the applicant.

6. Counsel for the applicant further submitted that some bills are not signed by applicant.

7. Some witnesses have told in their statement recorded under Section 161 of CrPC that applicant had refused to sign on some bills.

8. Looking to the above mentioned facts and circumstances of the case, looking to the prima facie material available on record against the applicant, looking to the seriousness of the alleged offence, looking to the impact of granting bail to the applicant on society, the present bail application is rejected.

Sd/- (Sharad Kumar Gupta) Judge Kamde