Poshan Dewangan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4834 of 2020 • Poshan Dewangan, S/o Rajendra Dewangan, Aged about 23 years, R/o Ward No. 6, House No. 50, Sheetla Chowk, Kharora, PS Kharora, District Raipur (C.G.) ---- Applicant

Versus

• State of Chhattisgarh, Through: Station House Officer, PS Kharora, District Raipur (C.G.) ---- Respondent For Applicant : Mr. Pradeep Singh Rathore, Advocate.

For Respondent/State : Mr. H.S. Ahluwalia, Dy. A.G.

Hon'ble Smt. Justice Rajani Dubey Order on Board 17/09/2020

1. The accused/applicant has moved this first bail application under Section 439 of Criminal Procedure Code for releasing him on regular bail during trial in connection with Crime No. 131/2020 registered at Police Station- Kharora, District Raipur (C.G.) for the offence punishable under Sections 406, 420 read with Section 34 of the Indian Penal Code, 1860 and under Sections 4 and 6 of the Prize Chit Fund and Money Circulation Scheme Act and Section 10 of the Chhattisgarh Protection of Depositors Interest Act, 2005.

2. As per the prosecution case in brief is that it is alleged that the present applicant along with other co-accused persons got deposited amount of Rs. 48,05,980/- from different persons on the assurance of giving double amount within 15 days, but in spite of maturity period, the accused persons have not returned the deposited amount.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in

question. He further submits that the present applicant has not obtained any amount from any person in the name of returning of double amount and he also submits that the police have not recovered any document from the possession of the present applicant in this regard. He next submits that the applicant is in jail since 28.05.2020, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

4. On the other hand, counsel for the State opposes the bail application submitting that the present applicant did a very heinous crime, therefore, it is not a fit case to release him on bail.

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

6. Considering the facts and circumstances of the case, especially nature and gravity of crime in question, at this stage, I am not inclined to release him on bail.

7.

Accordingly, his application filed under Section 439 of the Code of Criminal Procedure is rejected.

Sd/- (Rajani Dubey) Judge Vasant