Vikas Kumar Shrivastava v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No.7 of 2020 • Vikas Kumar Shrivastava, S/o Late Vinod Kumar Shrivastava, Aged About 42 Years, R/o Magma Fincorp Ltd. D.B. Corp. Press Complex, Rajbandha Maidan, Raipur, Chhattisgarh ---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Police Station Khamtarai (Raipur), District Raipur, Chhattisgarh ---- Respondent For Applicant Shri Shashank Thakur, Advocate For Respondent Shri Alok Nigam, GA Proceeding through Video Conferencing Hon'ble Justice Shri Prashant Kumar Mishra Order On Board 14/07/2020 1.

The applicant has preferred this bail application under Section 438 of CrPC, as he is apprehending his arrest in connection with Crime No.585/2019, registered at Police Station Khamtarai, District Raipur (C.G.), for the offence punishable under Sections 420, 467, 468 & 471 read with Section 34 of IPC. 2.

It is alleged that the applicant, who is an employee of Magma Finance Company, has impersonated the complainant Rajkapur Gupta and obtained financial assistance from the company to purchase a truck in the name of Rajkapur Gupta. The truck has been recovered from the possession of the co-accused Mohd. Ashraf Ansari.

3.

On a query being raised, learned State counsel would admit that the agreement with the finance company carries the photograph of Rajkapur Gupta and that he is the registered owner of the subject truck. He would also inform that the case diary does not contain opinion of the handwriting expert tallying the alleged forged signature with the admitted signatures of the complainant. 4.

Considering the nature of allegation, this Court is inclined to extend the benefit of anticipatory bail to the applicant. Accordingly, the bail application is allowed and it is directed that in the event of arrest of the applicant, he shall be released on anticipatory bail on his executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the Arresting Officer with the following conditions:- (i) he shall make himself available for interrogation by a police officer as and when required.

(ii) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.

(iii) he shall not influence the witnesses during pendency of the trial.

Sd/- Prashant Kumar Mishra Judge Nirala