High Court Of ChhattisgarhMCRC/4211/2018dismissed

Sukhdev Bachhad v. The State Of Chhattisgarh

2018-07-12Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4211 of 2018 Sukhdev Bachhad S/o Rajendra Bachhad Aged About 44 Years R/oVillage P.V. 12, Thana And Tahsil Pakhanjoor, District- U.B. Kanker, Chhattisgarh.

---- Applicant

Versus

The State Of Chhattisgarh Through- Police Station Pakhanjoor, District- U.B. Kanker, Chhattisgarh.

----Non-applicant For Applicant :

Mr. Parag Kotecha, Advocate For State :

Mr. Ashutosh Pandey, Panel Lawyer Hon'ble Shri Justice P. Sam Koshy Order on Board 12/07/2018

1. This is an application filed under Section 439 Cr.P.C. for grant of bail to the applicant, who has been arrested in connection with Crime No. 112/2018 registered at Police Station Pakhanjoor, District U.B. Kanker, Chhattisgarh for the offence punishable under Sections 420, 467, 468, 471 of Indian Penal Code.

2. The present applicant is in jail since 28.01.2018 in connection with the aforesaid Crime number.

3. The allegation against the present applicant as per the case of prosecution is that the present applicant is said to have obtained loan from Chhattisgarh Rajya Gramin Bank, Kanker under the Kissan Credit Card by producing fake documents.

4. The contention of the counsel for the applicant is that the loan was obtained in between 2010 to 2013 and by now the amount must have also been recovered by the Bank and it is only in 2018 the

F.I.R. has been lodged. He further submits that the applicant is in jail since 28.01.2018 as such he has remained in custody for a period of more than six months. On this ground also the applicant may be released on bail.

5. The State counsel however opposes the bail application and submits that it is a case where the present applicant is said to have played fraud with the Bank by obtaining loan on the basis of fake and fraudulent documents and therefore the present applicant may not be released on bail.

6. Having heard the contentions put forth on either side and on perusal of the record, particularly taking into the account the manner in which the loan has been obtained and the role played by the present applicant from whose custody the incriminating materials have been recovered, this Court is of the opinion that it is not a fit case for grant of bail at this juncture.

7. Accordingly, the present bail application deserves to be and accordingly rejected.

Sd/- (P. Sam Koshy) Judge Ved