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Chattisgarh High Court

Mahendra Das Vaishnav vs State Of Chhattisgarh 12 ... on 26 June, 2018

Author: Sharad Kumar Gupta

Bench: Sharad Kumar Gupta

                                                                      1

                                                                 NAFR

        HIGH COURT OF CHHATTISGARH, BILASPUR
                       MCRC No. 3711 of 2018
     Mahendra Das Vaishnav S/o Shri Narayan Das Vaishnav Aged
     About 24 Years R/o- Village Basanbahi, Chhapapara, P.S.
     Narharpur, District- Kanker, CG
                                                         ---- Applicant
                               Versus
     State Of Chhattisgarh Through- The Station House In-Charge,
     Police Station Kanker, District- North Bastar, Kanker, CG
                                                       ---- Respondent

For applicant Mr. Sandeep Shrivastava, Adv. For Respondent/State Mr. Dheeraj Wankhede, Govt. Adv.

Hon'ble Shri Justice Sharad Kumar Gupta Order On Board 26-6-2018

1. This is first bail application under Section 439 of the Cr.P.C. preferred by the applicant before this Court and his no bail application is pending before any other court.

2. The applicant has been arrested on 24-2-2018 in connection with Crime No. 87/2018 registered in police station Kanker, Distt. North Bastar (CG) for offence punishable under Sections 406 and 408 of the IPC.

3. Prosecution story in brief is that Logicash Solution Limited was assigned to get cash from bank and load the same in the ATM machines. For this purpose, the company had authorized the applicant. The applicant received cash from the bank but did not load an amount of Rs. 22,01,200/- in the ATM machines.

4. Counsel for the applicant argued that the applicant is innocent and falsely implicated. The offence is triable by the JMFC. He is 2 in jail since 24-2-2018. Hence he may be released on bail.

5. On the other hand, the Govt. Advocate appearing for the State opposed the bail application.

6. Looking to the facts and circumstances of the case, looking to the seriousness of the alleged offence, huge amount involved in the case and also the impact of granting bail on the society, this Court is not inclined to grant bail to the applicant.

7. Consequently, the MCRC is dismissed.

Sd/-

(Sharad Kumar Gupta) Judge Pathak