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High Court Of ChhattisgarhMCRCA/861/2015rejected

Aslam Khan v. State Of Chhattisgarh

2015-09-09Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 861 of 2015 Aslam Khan S/o Shri Habib Khan Aged About 36 Years R/o E-14, Rajeev Nagar, Raipur (Chhattisgarh).

---- Petitioner

Versus

State Of Chhattisgarh Through : Station House Officer, Police Station - Civil Lines, Raipur (Chhattisgarh).

---- Respondent Smt. Fouzia Mirza, counsel for the applicant/s. Shri R.K.Gupta, Dy.A.G. for the State.

Order On Board 09/09/2015 Heard.

The applicant is apprehending his arrest in connection with Crime No.458/15 registered at police station - Civil Lines, Raipur, Distt. - Raipur (CG) for alleged commission of offence under Section 420, 467, 468, 471, 408/34 of IPC.

2.

Case of the prosecution is that the applicant and other co-accused are involved in fraudulent transaction of sale of computer and other hardware of the company by creating forged documents of sale and purchase of certain parties who did not purchase any such items or issued any cheque towards payment. It is further alleged that forged documentary receipts of having deposited cheques were created and later on, upon enquiry, it was found that no such cheques or any amount towards sale and purchase was deposited in the bank of the company which led to filing of complaint by Regional Manager of the company.

2.

Learned counsel for the applicant submits that as far as present

applicant is concerned, he was not involved in the alleged offence. It is submitted that the other co-accused has admitted his guilt by sending e-mail to the company that he alone is involved and the applicant is not involved. 3.

On the other hand, learned State counsel opposes bail application and submits that the applicant was Accountant of the company and the alleged fraudulent act was not possible without involvement of the applicant particularly preparation of forged documents, acknowledgment of receipts of the bank having received cheques in the name of the company. 4.

Taking into consideration the nature of allegations, I am not inclined to grant anticipatory bail to the applicant. The application is therefore rejected. Sd/- Manindra Mohan Shrivastava Judge Deepti