Abhilash Meshram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 6276 of 2016 • Abhilash Meshram S/O Shri Ashok Meshram, Aged About 23 Years R/O Vijay Nagar, Durg, Police Station Mohan Nagar, Durg, Tehsil, Civil & Revenue District Durg, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through District Magistrate, Durg, Tahsil, Civil & Revenue District Durg, Chhattisgarh.

---- Respondent -------------------------------------------------------------------------------------------------- For Applicant :

Mr. Govind Dewangan, Advocate For Respondent/State :

Mr. Sangarsh Pandey, Dy.G.A -------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order on Board 18-10-2016

1. This is first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested on 3-7-2016 in connection with Crime No. 334 of 2016 registered at Police Station Mohan Nagar, District Durg (CG) for the offence punishable under Sections 420, 34 and 170 of the IPC.

2. Case of the prosecution, in brief, is that a report was made by the complainant Lalit Kumar Sahu that the applicant along with other co-accused persons in order to provide Government job to him and other victims, had obtained Rs.17,28,000/- from different persons, However, ultimately Government job could not be provided to them and thereby the aforesaid offence was committed.

3. Learned counsel appearing for the applicant would submit that the applicant himself is a victim and in fact the amount has been taken by Prafull Meshram and the amount has not been taken by the present applicant, therefore, father of the

applicant has already made a report against Prafull Meshram as per Annexure A/2. He would further submit that the charge-sheet has been filed in this case, the applicant is in jail since 3-7-2016 and no further investigation is necessary, therefore, he may be released on bail

4. Per contra, learned State counsel opposes the bail application.

5. I have heard learned counsel for the parties and perused the case diary and other documents from which it appears that the applicant along with other co-accused persons had collected diufferent amount from different persons for providing them Government job and one of the co-accused persons introduced himself as a Police Officer during such transaction.

6. Taking into consideration the facts of the case and further considering the statement of the complainant and back-ground of the case and the manner in which the offence has been committed for providing job to unemployed persons, I am not inclined to release the aplicant on bail.

7. Accordingly, the bail application filed by the applicant under Section 439 of the Cr.P.C, is liable to be and is hereby dismissed.

Sd/- (Goutam Bhaduri) Judge Raju