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High Court Of ChhattisgarhMCRC/4773/2017dismissed

Roopchand Manhar @ Shivkumar Manhar v. State Of Chhattisgarh

2017-07-26Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4773 of 2017 Roopchand Manhar @ Shivkumar Manhar, S/o. Horilal Manhar, Aged about 28 years, R/o. Village Sarganwa, Police Station- Masturi, Distt. Bilaspur (C.G.) ---- Applicant

Versus

State Of Chhattisgarh, Through Police Station O.P.- C.S.E.B. Colony, Korba, District Korba (C.G.) ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Awadh Tripathi, Advocate For Respondent :

Mr. Anupam Dubey, Dy. Govt. Advocate --------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board 26.07.2017 1.

This is the second bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No.220/2016 registered at Police Station- O.P.- C.S.E.B. Colony, Korba, District Korba (C.G.) for the offence punishable under Section 419, 420, 467, 468, 471 of Indian Penal Code and Section 25 of the Arms Act. The first bail application was dismissed on merit on 28.09.2016 in MCRC No.5936 of 2016.

2.

Case of the prosecution, in brief, is that a report was made by one Yogesh Agrawal that the applicant presented D.O. of Chhattisgarh Rajya Gramin Bank, Gevra to the tune of Rs.5,92,647 and on the basis of that he got a delivery of small Pickup van. Subsequently, the aforesaid D.O. which was deposited was found to be forged and thereby the aforesaid offence was committed.

3.

Learned counsel for the applicant would submit that after dismissal of first bail application, only two witness have been examined and the applicant is in jail since 15.05.2016, therefore, he may be released on bail.

4.

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

5.

Perused the documents and earlier bail dismissal order. Considering the fact that the earlier bail application was dismissed on merit, I do not find any change of circumstances to reconsider the instant second bail application.

6.

Accordingly, the bail application is dismissed. However, taking into the facts of this case, the trial Court is requested to expedite the trial preferably within a period of six months from the date of receipt of a copy of this order.

Sd/- (Goutam Bhaduri) Judge Ashok