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High Court Of ChhattisgarhMCRC/6511/2018dismissed

Arun Kumar Patnayak v. State Of Chhattisgarh

2018-10-05Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6511 of 2018 Arun Kumar Patnayak S/o Kunj Bihari Patnayak Aged About 33 Years R/o- Sagar Pada, Banlagir (Orissa).

---- Applicant

Versus

State Of Chhattisgarh Through- Station House Officer, P.S. Telibandha, Raipur, Civil And Revenue District- Raipur, Chhattisgarh. ---- Respondent For the Applicant :

Shri Pushpendra Patel, Advocate For the State :

Shri S.K. Mishra, Panel Lawyer ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /10/2018

1. This is the first bail application under Section 439 of the CrPC and there is no bail application is pending before any other Court.

2. Perused the case diary provided by the counsel for the State in connection with the Crime No. 261/2018 registered at Police Station Telibandha, Raipur, District Raipur (C.G.) for the offence punishable under Section 420 of IPC.

3. Case of the prosecution, in brief is that between 01/06/2015 to 20/05/2018 applicant had received Rs.6,20,000/- from the complainant Trilochan Pandey, Chhedilal Pandey and five others making the commitment that he will be provided job to them in explosive factory Badmal. Thereafter applicant did not provide the job to the complainants and neither return back the amount.

4. Counsel for the applicant submits that applicant is innocent and falsely implicated in the present case, therefore, he shall be released on bail. He further submits that FIR is three years delayed, applicant is in jail since 21/05/2018 and charge-sheet has been filed.

5. On the other hand, learned counsel for the State opposes the bail application. He further submits that there is no antecedents against the applicant.

6. Looking to the above mentioned facts and circumstances of the case and looking to this fact that number of complainants have complaint against the applicant, this Court is not inclined to grant benefit of bail to the applicant.

7. Accordingly, bail application is dismissed. Sd/- (Sharad Kumar Gupta) Judge Kamde