Application for anticipatory bail was dismissed. The court held that the nature of cheating allegations (fraudulent property sale and fake employment offer) did not make the case fit for anticipatory bail.
Application for anticipatory bail was rejected.
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1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
M. Cr. C. (A) No. 19 of 2017
Rahul Bhavsagar S/o Gourishankar, aged about 28 years, R/o Q. No. 9/B, H. S. C. L. Colony, Ruwabandha, Bhilai, Tahsil and District- Durg Chhattisgarh.
---- Applicant
Versus
State of Chhattisgarh through- Station House Officer, Police Station- Sector6, Kotwali, Bhilai, District- Durg Chhattisgarh.
---- Respondent
For Applicant : Shri Aman Kesharwani, Advocate For Respondent/State : Shri Ashish Surana, Panel Lawyer
Hon'ble Shri Justice P. Sam Koshy
Order On Board
05.05.2017
The present application under Section 438 of Cr.P.C. has been filed seeking for grant of anticipatory bail to the applicant apprehending his arrest in connection with Crime No. 425/2014 registered at P.S. Sector-6, Kotwali, Bhilai District Durg (CG) for the offence punishable under Sections 420, 34 of IPC.
As per the prosecution, the complainant has been defrauded by the applicant to the tune of rupees 2.95 lakhs on the pretext of giving property. Though the said amount is said to have been received by the applicant yet he has not got the sale deed executed. Further allegation against the applicant is that he had also given an offer to the complainant in respect of providing employment which on verification was found to be fake.
Considering the nature of allegations that have been attributed against the applicant, this Court is of the opinion that it is not a fit case where the applicant can be given the advantage of anticipatory bail.
Accordingly, the instant application filed under Section 438 Cr.P.C. stands rejected.
Sd/- P. Sam Koshy Judge
Bhola
1 issue framed by the court
Whether the applicant is fit to be granted anticipatory bail under Section 438 Cr.P.C. given the allegations of cheating?
1 provisions across 1 enactments
Rahul Bhavsagar
State of Chhattisgarh
P. Sam Koshy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
