Chatresh Rawat v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8260 of 2018 Chatresh Rawat, S/o Shri Devi Prasad Rawat, Aged About 26 Years, R/o Village- Negwa, Police Station and Tahsil- Maharajpur, Civil And Revenue District- Chhatarpur, Madhya Pradesh, District : Chhatarpur, Madhya Pradesh ---- Applicant

Versus

State of Chhattisgarh Through Station House Officer, Police StationDipka, Civil And Revenue District- Korba, Chhattisgarh., District : Korba, Chhattisgarh ---- Respondent -------------------------------------------------------------------------------------------------- For Applicant : Mr. Sunil Sahu, Advocate For Respondent : Ms. M. Asha, Panel Lawyer -------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Vimla Singh Kapoor.

Order On Board 31/10/2018

1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of bail to the applicant who has been arrested in connection with Crime No. 162/2018 registered at Police Station- Dipka, District Korba (C.G.) for the offence punishable under Sections 420,467,468,471/34 IPC.

2. As per prosecution case, on 11.08.2018 a written report was lodged to the effect that he received a telephonic call from the co-accused that he was required to deposit a sum of Rs. 1,84,000/- for receiving the maturity amount towards the insurance plan. The allegation against the applicant is that he withdrew an amount through the cheque from the bank and gave the same to co-accused Prashant Pathak and for that he got Rs. 4000/- as commission.

3. Learned counsel for the applicant submits that the applicant is not named in the FIR and the only allegation against him is that he received the cheque from co-accused Prashant Pathak and for that he got Rs. 4000/- as commission. He further submits that there is no previous antecedent against the applicant and he is in jail since 16.08.2018, therefore, he may be enlarged on bail.

4. Per contra, learned State counsel opposes the prayer for grant of bail.

5. Considering the fact and circumstances of the case and that the applicant was aware of the entire sequence of events and also received Rs. 4000/- as commission, I am not inclined to release the applicant on bail. Accordingly, the bail application is rejected. Sd/- (Vimla Singh Kapoor) Judge Jyotishi/Santosh