High Court Of ChhattisgarhMCRC/5020/2020rejected

Manjesh Kumar Chouhan v. State Of Chhattisgarh

2020-09-24Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5020 of 2020 • Manjesh Kumar Chouhan, S/o Chotelal Chouhan, Aged About 31 Years, R/o Village- 59, Rahul Vihar, ThanaVijaynagar, Gajiyabaad, District- Gajiyabaad (U.P.). ---- Applicant

Versus

• State of Chhattisgarh, Through The Police StationKhurshipara, Durg, District- Durg (C. G.). ---- Respondent For Applicant : Mr. Jitendra Gupta, Adv.

For Respondent/State : Mr. Rahul Jha, G. A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 24.09.2020

1. The matter is heard through video conferencing.

2. 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. 266/2020 registered at Police StationKhurshipara, District- Durg (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 120-B of IPC & Section 66 of Information and Technology Act.

3. The prosecution story, in brief is that, it has been alleged that the present applicant committed forgery of Rs. 62,02,500/- from the complainant using forged documents on the name of installing mobile tower. Based on this, offence has been registered. Present applicant has been taken into custody on 13.12.2019.

4. 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 he has no active role in this case, and he is in jail since 13.12.2019, there is no likelihood of his case being decided in near future, therefore, the present applicant may be released on bail.

5. On the other hand, counsel for the State opposes the bail application submitting that the bail application of other coaccused persons has been dismissed earlier. Therefore, the offence committed by the applicant is of serious in nature, so, it is not a fit case to release him on bail.

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

7. 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.

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

Sd/- (Rajani Dubey) Judge Ruchi