Mahesh Kushwaha v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2402 of 2017 Mahesh Kushwaha S/o Jagarnath Kushwaha Aged About 39 Years Caste Koiree, Occupation- Agriculture/ Service, R/o Village- Champak Nagar, Police Station & Tahsil- Surajpur, Civil & Revenue DistrictSurajpur, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through- District Magistrate/ Station House Officer, Police Station- Surajpur, District- Surajpur, Chhattisgarh. ---- Respondent For applicant Mr. C.P. Lahrey, Adv.

For Respondent/State Mr. Neeraj Sharma, Dy. GA.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order On Board 3/5/2017

1. Heard finally.

2. The applicant has preferred this application for grant of bail as he is arrested on 16-2-2017 in connection with Crime No. 336/2017 registered in PS Surajpur, Distt. Surajpur (CG) for offence punishable under Section 419, 420, 465, 467, 471 and 120-B of the IPC.

3. Learned counsel for the applicant submits that earlier charge sheet has been filed against the co-accused persons and presently investigation is going on against the present applicant and supplementary charge sheet will be filed against the present applicant under Section 173 sub-section (8) of the Cr.P.C. The applicant is innocent. He is working as village Panchayat Secretary. He has not committed any offence. He may be enlarged on bail.

4. Per contra, learned State counsel opposes the bail application and submits that as per statement of the prosecution witnesses recorded by the police under Section 161 of the Cr.P.C. allegation against the present applicant is that without verification as required, the applicant made mutation for the land. With this he conspired in the offence

along with other accused.

5. Perused the matter.

6. On due consideration, as the matter is under investigation and in view of the evidence collected by the prosecution, I am not inclined to grant bail to the applicant.

7. Consequently instant MCRC is dismissed.

Sd/- (Chandra Bhushan Bajpai) Judge Pathak