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High Court Of ChhattisgarhMCRC/5440/2020rejected

Dinesh Hira v. State Of Chhattisgarh

2020-09-29Hon'Ble Smt. Justice Rajani Dubey2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5440 of 2020 • Dinesh Hira S/o Ashish Hira, aged about 38 years, R/o Ramnagar Urla, Gaya Nagar Durg, P.S. City Kotwali, Tahsil and District Durg (C.G.) ---- Applicant

Versus

• State of Chhattisgarh Through- the District Magistrate, District Durg (C.G.) ---- Respondent For Applicant.

:

Mr. Shashank Thakur, Adv.

For Respondent/State :

Ms. Sunita Jain, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 29.09.2020

1. The applicant has filed this first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail in connection with Crime No. 414/2020 registered at Police Station Durg, District Durg (C.G.) for the offence punishable under Sections 489(B) & 489(C) of the IPC.

2. As per the prosecution case, the allegation against the present applicant is that he purchased Rice Worth of Rs. 775/- from the complainant's shop and gave two counterfeit notes of Rs. 500/- each. Based on that, after investigation, offence has been registered against the applicant and he has been

arrested.

3. The submission made by learned counsel for the applicant is that the applicant has been falsely implicated in the crime in question. He further submits that the police has unnecessarily roped the applicant in a fabricated case. He further contended that as the applicant is in jail since 26.06.2020 and he is ready to furnish adequate surety and shall abide by all the conditions and directions, which may be imposed by this Hon'ble Court, therefore, he may be released on bail.

4. Per contra, State counsel strongly opposes the bail application and submits that during investigation, some counterfeit notes have been seized from the possession of applicant. The allegation against the present applicant is serious in nature, therefore, he may not be granted bail.

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

6. Considering the totality of the facts and circumstances of the case, quality of evidence and gravity of the 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 Vijay Sahu