Abhilash Meshram v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5335 of 2017 • Abhilash Meshram S/o Shri Ashok Meshram, Aged About 24 Years R/o Vijay Nagar, Durg, Police Station Mohan Nagar, Durg, Tehsil Civil & Revenue District Durg Chhattisgarh.

---- Applicant

Versus

• State of Chhattisgarh Through District Magistrate Durg, Tahsil Civil & Revenue District Durg Chhattisgarh.

---- Respondent For Applicant :

Shri Jaydeep Singh Yadav, Advocate For Respondent-State :

Shri SK Mishra, PL for the State.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 01/09/2017

1. This is 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 on 3-7-2016 in connection with Crime No. 334 of 2016 registered at Police Station Mohan Nagar, District Durg (CG) for the offence punishable under Sections 420, 34 and 170 of the IPC.

2. The First Bail application was dismissed on merits on 18.10.2016.

3. Learned counsel for the applicant would submit that earlier there were four accused persons and one accused namely Prafull Meshram is absconding and subsequently Lalit Kumar Sahu has been made accused under Section 319 of the Cr.P.C. He would further submit that three of the witnesses namely Ramesh Kumar Sahu (PW-1), Prabhu Ram (PW-3) and Goverdhan Sahu (PW-2) have not supported the case of the prosecution as they have

not deposed anything against this applicant, therefore, no case is made out against the applicant and he may be enlarged on bail.

4. Per contra, learned State counsel opposes the bail application.

5. Perused the case-diary and the statement of Hemant wherein the allegation of accepting money is attributed to this applicant and Hemant is still to be examined. Considering the same, I am not inclined to allow the bail application and release the applicant on bail. It is accordingly dismissed. Sd/- Goutam Bhaduri Judge Ashu