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High Court Of ChhattisgarhMCRC/9782/2021dismissed

Vishnu Gupta, v. State Of Chhattisgarh,

2021-12-21Hon'Ble Shri Justice Deepak Kumar Tiwari2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No.9782 of 2021 • Vishnu Gupta, S/o Bandhu Gupta, Aged About 35 Years, R/o Village Madanpur, Police Station Patthalgaon, District Jashpur, Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh, Through Police Station - Chirmiri, District Koriya, Chhattisgarh ---- Respondent For Applicant Mr. Pushkar Sinha, Advocate For Respondent Mr. B. P. Banjare, Dy. GA Hon'ble Justice Shri Deepak Kumar Tiwari Order On Board 21/12/2021 1.

The applicant has preferred this first bail application under Section 439 of CrPC for grant of regular bail, as he has been arrested in connection with Crime No.302/2016, registered at Police Outpost Koriya, Police Station Chirmiri, District Koriya for the offence punishable under Sections 420, 467, 468, 471, 120-B read with Section 34 of IPC.

2.

The case of the prosecution in brief is that the applicant in conspiracy with the co-accused induced and obtained Rs.3,10,000/- from the informant on the pretext of securing job, thereafter the aforementioned offence has been registered against the applicant.

3.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that the co-accused Vikas Kumar Gupta has already been granted bail by the Coordinate Bench of this Court in MCRC No.8247/2020 vide order dated 24.02.2021. The applicant is in jail since 06.08.2021, therefore, he may be released on bail.

4.

Per contra, learned State counsel opposes the bail application. 5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Considering the facts and circumstances of the case, nature of accusation and the accused earlier absconded from the custody and also previously convicted in similar nature of offence by the Court of Surajpur, this Court does not find fit to enlarge the applicant on bail at this stage.

7.

Accordingly, the bail application is dismissed. However, the applicant is at liberty to revive the application after the examination of the complainant.

Sd/- Deepak Kumar Tiwari Judge Nirala