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High Court Of ChhattisgarhMCRC/5073/2021rejected

Shailesh Gupta v. State Of Chhattisgarh

2021-08-11Hon'Ble Shri Justice Gautam Chourdiya2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR (Proceedings through Video Conferencing) MCRC No. 5073 of 2021 • Shailesh Gupta, S/o Late Ramgulam Saw, Aged About 44 Years, R/o Pakaradi, Police Chouki Davra, Police Station Pasta, DistrictBalrampur-Ramanujganj, Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh, Through- Police Chouki- Davra, Police Station Pasta, District- Balrampur-Ramanujganj, Chhattisgarh. ---- Non-Applicant For Applicant : Shri Vikas Pandey, Advocate For Non-Applicant/State : Shri Adil Minhaj, Government Advocate Hon'ble Shri Justice Gautam Chourdiya Order on Board 11.08.2021

1) The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since 14.06.2021 in connection with Crime No. 65/2021 registered at Police Station- Pasta, Balrampur-Ramanujganj, (C.G.) for the offence punishable under Sections 120 B, 420, 467, 468 and 471 of IPC.

2) Case of the prosecution, in brief, is that the present applicant in connivance with branch manager of the State Bank India- Rajpur cheated the complainant as well as other villagers by way of withdrawal of loan amount in the name of the complainant and other villagers through Kishan Credit Card (KCC) loan .

3) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question, the applicant has no criminal antecedents, there is no likelihood of the applicant tampering with the prosecution evidence or absconding,

the applicant has been arrested on 14.06.2021 and due to Covid19 trial is likely to take some time for its final disposal. Therefore, the applicant be released on bail by this Court.

4) On the other hand, learned counsel for the Non-Applicant/State opposes the bail application.

5) Having heard learned counsel for the parties.

6) Having regard to the facts and circumstances of the case, nature of allegation made against the present applicant, number of persons are cheated by the present applicant in connivance with other persons, prepared forged documents and withdrew huge amounts, without commenting anything on merits of the case, I am not inclined to grant bail to the present applicant.

7) Accordingly, the bail application is rejected. Sd/- (Gautam Chourdiya) Judge Nadim