Pitamber Ram And ANR. v. State Of Chhattisgarh

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 607 of 2017 • Janak Ram S/o Karno Ram, Aged About 40 Years Caste Mahkul, Matpahar, Police Station Bagbahar, Tahsil Patthalgaon, District Jashpur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Bagbahar, District Jashpur, Chhattisgarh.

---- Respondent & MCRCA No. 620 of 2017

1. Pitamber Ram & Anr. S/o Shri Jugeshwar Ram Aged About 35 Years Caste - Mahkul, R/o Chhatasarai, Tahsil - Patthalgaon, District - Jashpur, Chhattisgarh.

2. Gangaram S/o Shri Trilochan Ram Aged About 40 Years Caste - Mahkul, R/o Khamtarai, (Kukritoli) Tahsil - Patthalgaon, District - Jashpur Chhattisgarh.

---- Applicants

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Bagbahar District - Jashpur Chhattisgarh.

---- Respondent __________________________________________________________ For Applicant :

Mr. Arun Kochar, Advocate.

For Respondent/State :

Mr. O.P. Sahu, Govt. Advocate.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 25/10/2017

1. Since the above bail applications arise out of the same crime number, they are being disposed of by this common order.

Page No.2

2. Applicants in both the cases are apprehending arrest in connection with Crime No.83/2017 registered at Police Station- Bagbahar, District - Jashpur (C.G.), for offence punishable under Sections 420,120B,467,468 and 471 of the Indian Penal Code (for short 'IPC'), the applicants have preferred these applications for grant of anticipatory bail.

3. Learned counsel for the applicants submits that applicants are innocent and falsely implicated in this case. It is submitted that in the case of sanctioning KCC loan from Central Bank, Bagbahar in the name of Dilsai, one Nanki Ram impersonated as Dilsai and the guarantors of this loan were Lodho Ram and Nohar Sai. Applicants in both the cases have not played any role in transaction and neither have been benefited from the said transaction, hence, prayed that the applicants be benefited with grant of anticipatory bail.

4. Reliance has been placed on the judgment of Supreme Court in Bhadresh Bipinbhai Sheth Vs. State of Gujarat and another, reported in (2016) 1 SCC 152.

5. Learned State counsel opposes the bail applications and the submissions made in this respect. It is submitted that in the case the bank Manager had filed an application for anticipatory bail before this Court which has been disposed off on 3.10.2017 in MCRC(A) No.600 of 2017, that application was dismissed as withdrawn with a direction to approach the concerned trial Court for moving appropriate application. Further, it is submitted that the application that was filed for obtaining KCC loan in the name of Dilsai by the impersonator Nanki Ram, one affidavit was filed in support in which applicant Janak Ram and Pitambar Ram were witnesses, hence, they had this knowledge

Page No.3 that the Nanki Ram is impersonating as Dilsai, hence, they not entitled for grant of anticipatory bail.

6. Heard both the parties and perused the case diary.

7. Considering the submissions made and the contents of the case diary, it appears that no case is made out for grant of anticipatory bail.

8. Accordingly, the anticipatory bail application is dismissed. Sd/- (Rajendra Chandra Singh Samant) Judge NIsha