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High Court Of ChhattisgarhMCRC/1408/2016dismissed

Inayat v. State Of Chhattisgarh

2016-03-15Hon'Ble Shri Justice Sanjay K. Agrawal3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M. Cr. C. No. 1408 OF 2016 Inayat S/o Noor Mohamad, aged about 42 years, R/o Village Sanna Tahsil Bagicha, Revenue and Civil District Jashpur (C.G.) ---Applicant

Versus

State of Chhattisgarh, through officers-in-charge, Police Station Jashpur, Disrict Jashpur (C.G.) ---Non-applicant For Applicant :

Mr. Sanjeev Sahu, Advocate For Non-applicant :

Mr. Dheeraj Wankhede, G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 15/03/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 151/2005, registered at Police Station Jashpur, District Jashpur (C.G.), for the offence punishable under Sections 420, 467, 468 and 471 of the

I.P.C.

2.

Case of the prosecution is that in the year 2004, one Nofil Khan claiming himself to be the Director and one Inayat Khan claiming himself to be the Principal, opened a B.Ed. College at Jashpur and gave admission to the students in B.Ed. Course giving them impression that it is a recognized and registered B.Ed. College. Further case of the prosecution is that all these persons hatched up a conspiracy and they were party in the same. They gave admission to various students, even regular classes were held and after nine months when they were asked to conduct examination, no examination was conducted. Later on, it was found that the said B.Ed. College was neither recognized nor registered, the accused persons took admission fees and other fees from the students, thereby they cheated the students.

3.

After hearing learned counsel appearing for the parties and taking into consideration the role of the applicant being Principal of forged B.Ed. Collage and further considering the fact that applicant remained

absconded for last 10 years, this Court is not inclined to release the applicant on regular bail.

4.

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

5.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge Tiwari