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High Court Of ChhattisgarhMCRC/4777/2017dismissed

Mohan Kumar Munna v. State Of Chhattisgarh

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

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4777 of 2017 Mohan Kumar Munna, S/o. Shri Shatrughan Munna, Aged About 51 Years, R/o. Lalpur Shiv Chowk, In Front of Ganjanad Kirana Store, Police Station Tikrapara, Raipur (C.G.) ---- Applicant

Versus

State Of Chhattisgarh, Through Station House Officer, Police Station - Telibandha, District Raipur (C.G.) ---- Respondent --------------------------------------------------------------------------------------------------- For Applicant :

Mr. Gokulanand Meher, 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.72/2016 registered at Police Station- Telibandha, Distt. Raipur (C.G.) for the offence punishable under Section 420, 406, 409, 120-B, 34 of Indian Penal Code and Section 10 of the Prize Cheats & Money Circulation Schemes (Banning) Act, 1978. The first bail application was dismissed on merit on 07.09.2016 in MCRC No.4658 of 2016. 2.

As per the prosecution case, certain amounts were collected by the Company namely SUSK India Limited & Shining Star Infrastate Limited from the different depositors with a promise to return the same with a high return, however, after the considerable period when the amount was not paid to various persons, on enquiry it was found that the office of both the Companies were closed. The

said collection was without permission of RBI or SEBI, thereby, the offence has been committed.

3.

Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he is in jail since 06.04.2016, 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 filed under Section 439 of the Cr.P.C. is dismissed.

Sd/- (Goutam Bhaduri) Judge Ashok