Buneshwar Verma v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR CRMP No. 1495 of 2018 Buneshwar Verma, S/o. Late Taanuram Verma, Aged About 38 Years, R/o.- Village Rampura, Post Office- Sambalpur, Police Station Nandghat, TahsilNawagarh, District- Bemetara, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh, Through- District Magistrate/station House Officer, Police Station- Nandghat, District- Bemetara, Chhattisgarh

2. Yogendra, S/o. Vishal, Aged About 35 Years, R/o.- Village Sambalpur, Police Station Nandghat, Tahsil Nawagarh, District- Bemetara, Chhattisgarh. ---- Respondent -------------------------------------------------------------------------------------------------- For Petitioner :

Mr. Rajkumar Pali, Advocate For State/ Respondent No. 1 :

Mr. R.K. Bhagat, Dy. G.A.

For Respondent No. 2 :

Mr. Siddharth Dubey, Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 20.03.2019 Heard 1.

The present petition is filed for cancellation of the bail, as the Respondent No. 2 was enlarged on bail by the Trial Court on 08.06.2018.

2.

The allegation against the Respondent No. 2 was that, on the basis of a forged document, he obtained the loan on behalf of the petitioner though the petitioner had not actually availed the loan. Subsequently, an application was filed to cancel the bail, which the Session Court, Bemetara has dismissed the same that no grounds are made out to cancel the bail granted under Section 439(2) of Cr.P.C.

3.

It is stated that an application was filed before the Station House Officer on 15.07.2018 for reporting the fact that the respondent/ accused is creating pressure on the petitioner. 4.

Perused the document, except Annexure P-3, nothing is on record to show the authenticity of the same. The Trial Court has dismissed the application for cancellation of bail as it is after thought, as the respondent was enlarged on bail on 08.06.2018. Taking into the fact and the order, I do not find any ground exists for cancellation of the bail granted to the Respondent No. 2.

5.

Accordingly, the petition is dismissed.

Sd/- (Goutam Bhaduri) Judge Vishakha