Aslam Khan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2303 of 2016 • Aslam Khan S/O Habib Khan Aged About 36 Years R/O E - 14, Rajeev Nagar, Raipur Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station - Civil Lines, Raipur, Distt. Raipur Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------------- For Applicant :

Mrs. Fouzia Mirza, Advocate For Respondent/State :

Mr. Anil Pandey, Govt. Advocate.

-------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 27.06.2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 458 of 2015, registered at Police Station Civil Lines, Raipur, District Raipur (CG) for the offence punishable under Sections 420, 467, 468, 471 and 408/34 of the Indian Penal Code.

2.

As per case of the prosecution, a report was made by the complainant Surendra Gurjar, Regional Manager, M.P. & CG of Compuage Infocom Ltd., that the applicant while working along with other co-accused Devesh Vyas has used forged bank receipts to show that certain sales have been made to some persons. When the audit was done, it came to fore that forged receipt has been made to show the sales and thereby he committed the aforesaid offence.

3.

Learned counsel appearing for the applicant would submit that during the course of investigation, initially coo-accused Devesh

Vyas sent a suicidal note though he did not commit any suicide. However, in that letter it has been stated that all the allegations have been admitted by Devesh Vyas which is evident from the documentary evidence annexed with the petition. She would further submit that the applicant has been in jail since 2-2-2016 and chage-sheet has been filed in this case, therefore, the present applicant may be enlarged on bail.

4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

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

6.

Taking into consideration all the facts and circumstances of the case, nature of allegation leveled against the applicant and the fact that the charge sheet has been filed in the case and the applicant is in jail since 2-2-2016, I am inclined to grant bail to the applicant. 7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is allowed.

8.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) Judge Raju