Naresh Rana v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.

2 3 of 2015 • Naresh Rana, S/o Kelaram, aged about 21 years, R/o village Kapsa, Police Station Sarat, District Devdhar (Jharkhand) ---- Applicant

Versus

• State of Chhattisgarh, Through: District Magistrate, Durg, District - Durg (C.G.) ---- Non-applicant For Applicant:

Mr. B.P.Singh, Advocate.

For Respondent/State:

Mr. Neeraj Jain, Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board /0 9 /2015 Heard.

(1) The accused/applicant has moved this bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 335/2015 registered at Police Station Durg, District Durg for the offences punishable under Section 420/34 of the Indian Penal Code and Section 66 (Ä) of Information Technology Act. (2) Case of the prosecution, in brief, is that applicant & four other co-accused persons are said to have withdrawn an amount of 24,000/- from the ATM card of Smt. Sanjya Ratre on ₹ different dates and thereby committed the aforesaid offences.

(3) Counsel for the applicant submits that applicant has been falsely implicated in the offence in question as there is no evidence to connect the applicant with the crime in question; applicant is in jail since 13.06.2015; and the charge sheet has already been filed and, therefore, the applicant may be released on bail.

(4) On the other hand, counsel for the State opposes the bail application.

(5) Taking into consideration the facts & circumstances of the case and the manner in which applicant and four other coaccused persons are said to have withdrawn an amount of 24,000/- from the ATM card of Smt. Sanjya Ratre on different ₹ dates, I am not inclined to release the applicant on bail. Thus, the bail application is rejected.

Certified copy, as per rules.

Sd/- (Sanjay K. Agrawal) Judge D/-