Chattisgarh High Court
Kaushal Kishor vs State Of Chhattisgarh on 11 January, 2024
Page No.1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRC No. 7323 of 2023
• Kaushal Kishor S/o Shivnath Singh, Aged About 23 Years
R/o- Village- Bhadha, Post - Nirgunngmada, P.S.-Thathiya, District-
Kanouj, U.P.
---- Applicant
Versus
• State Of Chhattisgarh Through- S.H.O.- P.S. Gariyaband, District-
Gariyaband Chhattisgarh.
---- Respondent
_____________________________________________________________
For Applicant : Mr. Hemant Gupta, Advocate.
For Respondent/State : Mr. Priyanshu Gupta, PL.
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S.B.:Hon'ble Shri Justice Parth Prateem Sahu Order On Board 11/01/2024
1. This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of regular bail to him as he is in custody in connection with Crime No. 186/2023 registered at Police-Station-Gariyaband, District-Gariyaband, Chhattisgarh, for the offence punishable under Sections 420, 120B, 34 of the Indian Penal Code.
2. Case of prosecution, in brief, is that on 24.06.2023 when the persons managing the ATM Machines went to refill cash amount in the ATM, they found that Rs.3,48,500/- short in the ATM Machine account, thereafter they traced the CCTV footage upon which applicant and co- accused persons were found to be withdrawing huge amount of Rs.1,70,000/- from the ATM Machine and therefore based on the suspicion accused persons including applicant were interrogated and Page No.2 on the basis of memorandum statement applicant was arrested on 20.7.2023.
3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the crime in question. After investigation, police submitted charge-sheet. In the entire charge-sheet, accept the CCTV footage that the applicant was found withdrawing the amount from the ATM Machine there is no other material to suggest that it is applicant who in any manner has tempered the ATM Machine, neither it is a case of prosecution that the ATM card used and seized from the possession of the applicant is forged and fabricated in any manner. Applicant is in jail since 20.07.2023. The offence is triable by JMFC and trial will take some time. There is no other criminal antecedents against the applicant.
4. Per contra, learned State counsel opposes the submissions made by counsel for applicant and submits that the applicant has committed serious offence. He by tempering the ATM Machine has withdrawn 3,48,500/- in excess. He was traced with the help of footage of the CCTV Camera installed in the ATM Centre. He also contended that from possession of co-accused Abhishek Yadav about 16 ATM Cards have been seized and from the possession of applicant Kaushal Kishor 6 ATM Cards have been seized which are in the name of different persons. He further submits that there is one more criminal antecedent against the applicant bearing Crime No.240/2023 .
5. At this stage, learned counsel for the applicant submits that applicant has been implicated in both the crime based on the one memorandum and therefore it cannot be said that there are criminal antecedent against the applicant.
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6. I have heard learned counsel for both the parties.
7. Taking into consideration the facts and circumstances of the case, nature of allegation, period of detention of the applicant and, further, considering that the case to be triable by JMFC and material collected by the police during course of investigation, without commenting anything on merits of case, I feel inclined to allow this bail application and release the applicants on bail.
8. Accordingly, bail application is allowed and it is directed that applicants shall be released on bail, on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of trial Court concerned on the conditions that; • he shall appear before the trial Court concerned regularly on each & every date unless exempted from appearance. • he shall not, in any manner, tamper with the prosecution witnesses. • If applicant is found involved in similar offence in future, it will be open for the State to apply for cancellation of bail. Certified copy as per rules.
Sd/-
(Parth Prateem Sahu) Judge Nisha