Mahendra Giri Goswami v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

of 201 Mahendra Giri Goswami, S/o Shri Shyam Giri Goswami, aged about 45 years, Resident of Bhatia Mohalla, Ward No.1, Patthalgaon, P.S. -Patthalgaon, District - Jashpur (C.G.) ---- Applicant

Versus

State Of Chhattisgarh: Through Station House Officer, P.S.-Kawardha, District - Kabeerdham (C.G.) -----Non-applicant For Applicant:

Mr. Chandresh Shrivastava, Advocate.

For Respondent/State:

Mr. Adhiraj Surana, Dy. Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board /0 3/ Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 351/2015 registered at Police Station Kawardha, District Kabeerdham (C.G.) for the offences punishable under Section 420 read with Section 34 of Indian Penal Code. (2) Case of the prosecution, in brief, is that applicant & other co-accused persons obtained Rs. 6,00,000/- from the various complainants for securing them job and thereby committed the aforesaid offences.

(3) Learned counsel for the applicant submits that applicant has been falsely implicated in the offence in question as he has

not committed the aforesaid offences. He further submits that the applicant is in jail since 21.11.2015 and the charge sheet has already been filed and, therefore, the applicant may be released on bail.

(4) On the other hand, counsel for the State opposes the bail application.

(5) Taking into consideration the facts & circumstances of the case; material available in the case diary and the manner in which the applicant has obtained Rs. 6,00,000/- from various complainants for securing them employment; I am not inclined to release the applicant on bail. Thus, the bail application is rejected.

Sd/- (Sanjay K. Agrawal) Judge D/-