Pramod Kumar Rajak v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1724 of 2020 • Pramod Kumar Rajak, S/o Lallu Prasad Rajak, Aged About 31 Years, R/o- Ward No. 14 Saleha Road, Jasho, Nagod, Satna (M.P.).

---- Applicant

Versus

• State Of Chhattisgarh Through - The Station House Officer, Police Station -Mandir Hasod, District - Raipur, Chhattisgarh. ---- Respondent For Applicant : Mr. Sushobhit Singh, Adv.

For Respondent/State : Mr. Vimlesh Bajpai, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 07.06.2021

1. The matter is heard through video conferencing.

2. This application under Section 438 of the Code of Criminal Procedure has been filed by the applicant who is apprehending his arrest in connection with Crime No. 163/2020 registered at Police Station- Mandir Hasod, District - Raipur, (C.G.) for commission of the offence punishable under Sections 420, 34, 120B, 201 of IPC.

3. Case of the prosecution is that, complainant lodged a report alleging that present applicant along with other co-accused committed fraud by taking total amount of Rs. 12,00,000/- from the complainant in different installments on account of giving job. Based on this, offence was registered against the present applicant.

4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that applicant has no specific role in

commission of offence and he himself lodged complaint to investigate the matter. He next added that applicant has deposited various sums of money in the account of other coaccused person and other co-accused has been granted bail in MCRC No. 4256/2020 by this Court, therefore, the present applicant may be granted anticipatory bail.

5. On the other hand, counsel for the State however opposes the application for anticipatory bail by submitting that there is a witness which shows that applicant took money from the complainant, therefore, applicant may not be released on anticipatory bail.

6. After hearing counsel for the parties and considering the facts and circumstances of the case, especially nature and gravity of crime in question, at this stage, I am not inclined to release him on anticipatory bail.

7. Accordingly, his anticipatory bail application filed under Section 438 of the Code of Criminal Procedure is rejected. Sd/- (Rajani Dubey) Judge Ruchi