Onkar Pandey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1001 of 2017 Onkar Pandey S/o Shri Ramesh Kumar Pandey, Aged About 27 Years R/o Shivanand Nagar, Sector - 03, Khamtarai, Police Station Khamtarai, Tahsil And District Raipur Chhattisgarh.

---- Applicant

Versus

State Of Chhattisgarh Through Station House Officer, Police Station Dharsiwa, District Raipur Chhattisgarh. ---- Respondent For Applicant :

Mr. Sushil Dubey, Advocate.

For Respondent/State :

Mr. Chandresh Shrivastava, PL Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 03/01/2018 Heard.

1.

The applicant is apprehending his arrest in connection with Crime No.466/2017 registered at police station - Dharsiwa, District Raipur C.G.) for alleged commission of offence under Section 381, 411 of IPC. 2.

Case of the prosecution is that the applicant and other co-accused are involved in the stealing of sponge iron from the store of complainant and the cost of sponge iron stated to be Rs.3,40,000/-. 3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated and he was not working as watchman but only as chemist in the industry of the complainant and on the date of incident, he was out of station and he has been falsely implicated only on suspicion. 4.

On the other hand, learned counsel for the State opposes prayer and submits that the material on record indicates that the applicant and other two employees of the complainant were involved in the theft of huge quantity of sponge iron from the factory premises and the co-accused persons on their memorandum have clearly stated that the applicant is one of the person involved in the entire theft from the factory of the complainant and his name has appeared in the statement of number of persons. Therefore, his arrest is necessary in this case.

5.

Having considered the submissions of learned counsel for the parties, nature of allegations, it is not a case of grant of anticipatory bail. Therefore, the bail application is rejected.

Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha