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High Court Of ChhattisgarhMCRC/2733/2016rejected

Mintu Mandal v. State Of Chhattisgarh

2016-06-13Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2733 of 2016 Mintu Mandal, S/o. Shri Ravindra Nath Mandal, Aged About 24 Years, R/o. Block No.18, P.S. Mana Camp, Civil & Revenue District Raipur, Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh, Through P.S. Mana Camp, District Raipur, Chhattisgarh.

---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Devershi Thakur, Advocate For Respondent :

Mr. O.P.Sahu, Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 13/06/2016 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.211/2015 registered at Police Station- Mana Camp, District Raipur (C.G.) for the offence punishable under Section 420, 467, 468, 471, 120-B/ 34 of Indian Penal Code.

2.

Case of the prosecution, in brief, is that the applicant alongwith other co-accused received an amount of Rs.16,43,750/- from different people over a period of time and one of the co-accused Gopal Mandal had issued different pass-books which were not at all issued by the HBN & Bajaj Allianz; thereby the offence is committed.

3.

Learned counsel for the applicant submits that the main allegations are against Gopal Mandal who is brother of this applicant and is absconding and only on the basis that the applicant has given advertisement in the pass-book, he has been

inculpated and the amount was also handed over to Gopal Mandal; therefore, the applicant may be enlarged on bail. 4.

Per contra, learned State counsel opposes the prayer for grant of bail.

5.

Perusal of the case diary and charge sheet would show that the joint allegations have been made against this applicant and coaccused that the applicant has collected the amount along-with Gopal Mandal and others. Considering the facts and circumstances of the case and also the fact that Gopal Mandal is still absconding who is brother of this applicant, prima facie, I am not inclined to release the applicant on bail. 6.

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

Sd/- (Goutam Bhaduri) Judge Ashok