Prakash Sonwani v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4429 of 2017 • Prakash Sonwani, S/o Anantram Sonwani, Aged About 28 Years, R/o. Village - Dadgaon, Thana & Tahsil - Pathariya, Civil & Revenue District - Mungeli, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station - Pathariya, Civil & Revenue District - Mungeli, Chhattisgarh. ---- Non-applicant For Applicant - Shri Sunil Sahu, Advocate.

For Non-applicant/State - Shri Neeraj Jain, Govt. Advocate. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 26-10-2017 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court by the applicant for grant of regular bail. The applicant was arrested on 09-04-2017 in connection with Crime No.144/2017 registered at P.S. Pathariya, District Mungeli, C.G. for the offence under Section 420 of the IPC.

2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. The applicant is local resident of District Mungeli and there is no likelihood of his absconding. He is in jail since 09-04-2017. Charge sheet has been filed in this case. Hence, it is prayed that the applicant may be enlarged on bail.

3.

Learned counsel for the State/non-applicant opposes the application and submission made in this respect and submits that the applicant has habitually received amount from various persons on the pretext of arranging employment for the concerned and thus cheated them, hence, for these reasons he is not entitled for grant of bail.

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Heard learned counsel for both the parties and perused the case diary. 5.

Looking to contents of the case diary, statement of the witnesses and the documents attached, the allegation against the applicant appears to be this that he induced various persons that he has connections and he can arrange employment for the persons who want to be employed in Government service and thus received amount from various persons. Complainant Manoj Bhardwaj lodged the FIR in Police Station Pathariya, alleging in it that he has paid Rs.6,50,000/- to the applicant on the inducement given by him to arrange employment to the post of Hostel Superintendent. As he did not get appointment, he has demanded the amount given, but the same has not been refunded by the applicant. Similar statement has been given by other witnesses also.

6.

Considering the material in the case diary and looking to the allegation of offence of cheating in series against the applicant, this does not appear to be a fit case for enlargement of the applicant on bail. Hence, the application (MCRC No.4429/2017) filed under Section 439 of the Cr.P.C. by the applicant is hereby dismissed.

7.

On the prayer made by learned counsel for the applicant, the trial Court is directed to expedite the trial and dispose of the case against the applicant as soon as possible.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil