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High Court Of ChhattisgarhMCRC/781/2017dismissed

Mahesh Mukharji v. State Of Chhattisgarh

2017-03-16Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 781 of 2017 Mahesh Mukharji, S/o. Late Shri Ashis Mukharji, Aged About 46 Years, R/o. Village Kevara, Post Bhaiyathan, Tahsil & District Surajpur, Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh, Through Police Station Koni, District Bilaspur, Chhattisgarh.

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

Mr. Yogendra Pandey, Advocate For Respondent :

Mr. Anil S. Pandey, Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 16/03/2017 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.05/2016 registered at Police Station- Koni, District Bilaspur (C.G.) for the offence punishable under Sections 420, 467, 468, 471 of Indian Penal Code.

2.

As per the prosecution case, one Pawan Kumar lodged a report that the present applicant obtained different amount from the complainant and other persons in order to provide them job of Computer Operator and received an amount of Rs.5,72,000/-, however, the job was not provided. Thereby, the offence has been committed.

3.

Learned counsel for the applicant would submit that the applicant has obtained money to get his treatment for which an agreement was also executed, which was seized. Consequently, false allegations have been attributed against the applicant, therefore, he may be released on bail.

4.

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

5.

Perused the case diary, report as also the statement of the witnesses wherein they say that the applicant has received an amount to provide them job and subsequently when the report was made, an agreement was executed. Taking into such facts, I am not inclined to release the applicant on bail. 6.

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

Sd/- (Goutam Bhaduri) Judge Ashok