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High Court Of ChhattisgarhMCRCA/1127/2016dismissed

Rajkumar Sahu v. State Of Chhattisgarh

2017-01-05Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1127 of 2016 Rajkumar Sahu S/o Shri Budhram Sahu, Aged About 35 Years R/o Village Katkona, Police Station Patna, Tehsil - Baikunthpur District Koriya Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through Police Station - Patna, District Koriya Chhattisgarh ---- Respondent ________________________________________________________ For applicant - Shri Pushkar Sinha, Advocate. For Respondent/State - Shri Anil S. Pandey, G.A. Hon'ble Shri Justice Goutam Bhaduri Order 5/01/2017 1.

This application under Section 438 of Cr.P.C. has been filed by the applicant apprehending his arrest in connection with Crime No. 134/2016 registered at Police Station Patna, District Koriya (C.G.) for offence punishable under Sections 420, 34 of IPC. 2.

As per the prosecution case, a report was made by Diwan Singh that the applicant on behalf of Sai Prasad Finance Company has recovered amount from different persons with assurance to return the same with high interest and double the same within short period of time. However, the same was not done. The said circulation of money was done without the permission of the RBI or SEBI. Thereby, offence has been committed.

3.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the case, he is only the agent and not director of the company and has not committed any offence, therefore

the applicant may be granted benefit of anticipatory bail. 4.

Learned State counsel opposes the prayer for grant of anticipatory bail.

5.

Perused the case diary. The matter is still to be investigated and role of the applicant is to be ascertained. Considering the nature of allegation, the way offence has been committed and money has been obtained from different persons, I am not inclined to extend benefit of anticipatory bail to the applicant.

6.

Accordingly, the anticipatory bail application is dismissed. Sd/- (Goutam Bhaduri) JUDGE gouri