Laxman Kumar Bharti v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 5465 OF 2015 Laxman Kumar Bharti son of Shankar Bharti aged about 19 years resident of Harigava Police Station Raghunathnagar District Ramanujganj Balrampur (C.G.) ---Applicant

Versus

State of Chhattisgarh, through Police Chowki Wadrafnagar Police Station Basantpur District Ramanujganj Balramapur (C.G.). ---Non-applicant For Applicant :

Mr. A.K. Yadav, Advocate.

For-Non-applicant :

Mr. Neeraj Sharma, Dy. G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 12/10/2015 1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 86/2015, registered at Police Station Basantpur District Ramanujganj Balramapur (C.G.), for the offence punishable under Sections 420, 406 of I.P.C.

2.

Case of the prosecution, in brief, is that, present applicant is said to have withdrawn Rs.12,000/- from the account of Gaya Prasad Yadav through his ATM.

3.

Learned counsel for the applicant would submit that applicant has not committed any offence and has been falsely implicated in the case. He would further submit that no useful purpose would be served by keeping him in jail and applicant is in jail since 16/08/2015, therefore, he may be released

on bail.

4.

Learned State counsel would oppose the prayer for grant of bail. 5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts and circumstances of the case; further taking into consideration the nature and gravity of offence; the manner, in which, applicant is said to have withdrawn Rs.12,000/- from the account of complainant through his ATM and consequent recovery of Rs.11,000/- from the possession of applicant, this Court is not inclined to release the applicant on regular bail.

7.

Accordingly, bail application filed under Section 439 of the Cr.P.C. is rejected.

8.

Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) JUDGE Tiwari