High Court Of ChhattisgarhMCRC/6833/2021rejected

Kunjbihari Sahu v. State Of Chhattisgarh

2021-10-27Hon'Ble Shri Justice Gautam Chourdiya2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6833 of 2021 • Kunjbihari Sahu, S/o Kariya Ram, Aged About 39 Years, R/o Village Jaganmohan, P. S. and Tahsil Malkharouda, DistrictJanjgir-Champa, Chhattisgarh. ---- Applicant

Versus

• State of Chhattisgarh, Through- P. S. Malkharouda, DistrictJanjgir-Champa, Chhattisgarh. ---- Non-Applicant For Applicant : Shri F. S. Khare, Advocate For Non-Applicant/State : Shri Anand Verma, Dy. G.A. Hon'ble Shri Justice Gautam Chourdiya Order on Board 27.10.2021 Heard.

1) The applicant has preferred this First Bail Application under Section 439 of Code of Criminal Procedure, 1973 as he is in jail since 23.07.2021 in connection with Crime No. 213/2021 registered at Police Station- Malkhana, District- Janjgir-Champa (C.G.) for the offence punishable under Sections 420, 468, 471, 34 of IPC.

2) Allegation against the applicant is that he alongwith co-accused persons cheated the complainant Sawan Kumar in the name of providing government job in Railways Group-C and fraudulently obtained Rs. 9,50,000/- and delivered a forged appointment letter to him. On report being lodged to above effect the aforesaid offence has been registered against the accused persons.

3) Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. He further submits that the applicant has not obtained any amount from the

complainant for providing job, there is no likelihood of his tampering with the prosecution evidence or absconding. The applicant is in jail since 23.07.2021 and trial is likely to take some time for disposal. Therefore, the applicant be released on bail by this Court.

4) On the other hand, learned counsel for the Non-Applicant/State opposes the bail application.

5) Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, the nature of allegation made against the present applicant, he alongwith other coaccused persons cheated the complainant on the pretext of providing job in Railways for the post of Group-C and fraudulently obtained Rs. 9.50 lacs, other material collected during investigation by the police, without commenting anything on merits of the case, I am not inclined to allow this bail application.

6) Accordingly, the bail application is hereby rejected. Sd/- (Gautam Chourdiya) Judge Nadim