High Court Of ChhattisgarhMCRC/1846/2017dismissed

Shailesh Yadav v. State Of Chhattisgarh

2017-07-31Hon'Ble Shri Justice Chandra Bhushan Bajpai2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1846 of 2017 Shailesh Yadav S/o Premlal Yadav, Aged About 33 Years R/o Pragati Nagar, Behind Jail Raigarh, Chhattisgarh.

---- Applicant

Versus

State of Chhattisgarh through in Charge Police Station City Kotwali Raigarh, Police Out Post District Raigarh, Chhattisgarh. ---- Respondent For applicant Mr. Rajesh Ranjan Sinha, Adv.

For Respondent/State Mr. Ashok Swarnkar, Panel Lawyer.

For objector Mr. Akhilesh Kumar, Adv.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 31-71. As per office note, other co-accused have not preferred any bail petition which is pending or disposed of.

2. Heard finally.

3. The applicant has preferred this application for grant of bail as he is arrested on 7-2-2017 in connection with Crime No. 687/2016 registered in Out Post, Jute Mill, P.S. City Kotwali, Distt. Raigarh (CG) for offence punishable under Section 420, 34, 212 of the Indian Penal Code, 1860.

4. Learned counsel for the applicant submits that after investigation charge sheet has been filed against 3 accused persons and the same is pending before the CJM, Raigarh for trial but learned counsel is not aware of the criminal case number. It is submitted that there is no direct allegation against applicant. He is not named in the FIR. No witness has stated against the applicant in the statement under Section 161 of the Code of Criminal Procedure, 1973, only allegation against the applicant is that he helped main co-accused to abscond. Hence the application may be allowed and the applicant may be

enlarged on bail.

5. Per contra, learned State counsel opposes the arguments advanced on behalf of the applicant and submits that in view of the statements recorded under Section 161 of the Cr.P.C. of witnesses Sulochna, Heeralal, Meera Sahu and other witnesses and other evidence collected against the applicant, allegation against the applicant is of serious nature, hence instant bail application may be dismissed.

6. Perused the matter.

7. On due consideration of entire evidence collected and also the fact that cheating of Rs. 2,21,94,000/- is involved in the instant matter, I am not inclined to grant bail to the applicant.

8. Consequently, instant MCRC is dismissed.

Sd/- (Chandra Bhushan Bajpai) Judge Pathak