Shailesh Gupta vs The State Of Chhattisgarh
2022 Latest Caselaw 483 Chatt

                                  1

                                                             NAFR

         (Proceedings through Video Conferencing)

       HIGH COURT OF CHHATTISGARH, BILASPUR

                       CRA No. 1434 of 2021

    Shailesh Gupta, S/o Late Ramgulam Sao, Aged About 48
     Years, R/o Pakradi, Police Out Post Davra, Police Station
     Pasta, District Balrampur-Ramanujganj Chhattisgarh.
                                             ---- Appellant

                              Versus

    The State of Chhattisgarh, Through- Police Station Pasta,
     District- Balrampur- Ramanujganj, Chhattisgarh.

                                                 ---- Respondent

For Appellant : Shri D.K. Gwalre, Advocate For Respondent/State : Shri Kashif Shakeel, Dy. A.G.

Hon'ble Shri Justice Gautam Chourdiya Judgment on Board

27.01.2022

1. The bail application under Section 439 of CrPC of the appellant was dismissed on merit by this Court vide order dated 11.08.2021 passed in MCRC No. 5073 of 2021.

2. This appeal by the accused/appellant under Section 14-A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is directed against the order dated 27.09.2021 passed by the Special Sessions Judge (SC/ST Act), Balrampur place-Ramanujganj, District- Balrampur-Ramanujganj (C.G.) in Special Sessions (Atrocities) Case No. 37/2021 rejecting his 2nd bail application under Section 439 of Cr.P.C. for the offence punishable under Sections 420, 467, 468, 471, 120(B), 34

of IPC and Section 3(2)(v) of SC/ST Act, registered at Police Station- Pasta, District- Balrampur-Ramanujganj (C.G.). The appellant is in jail since 15.06.2021.

3. Case of the prosecution, in brief, is that the present appellant in connivance with Amol Gulshan Kujur, Field Officer of the State Bank India- Rajpur Branch, cheated the complainant as well as other villagers by way of withdrawal of loan amount in the name of the complainant and other villagers through Kishan Credit Card (KCC) loan.

4. Learned counsel for the appellant submits that the appellant has falsely been implicated in the case, the appellant is in jail since 15.06.2021. As per Annexure A/3, the co-accused person namely Amol Gulshan Kujur has already been granted anticipatory bail by the co-ordinate Bench of this Court vide order dated 04.10.2021 passed in MCRCA No. 1234 of 2021. Charge-sheet of the case has already been filed and trial is likely to take some time for disposal. Therefore, the appellant be released on bail by this Court.

5. On the other hand, learned State Counsel opposes prayer for grant of bail and submits that the appellant has one criminal antecedent bearing Crime No.125/2019 u/s 419, 420, 467, 468 & 471 of IPC in which he took a loan in the name of his father, after his death.

6. Having heard learned counsel for the parties, having regard to the facts and circumstances of the case, serious allegations against the appellant regarding cheating with number of persons in connection with KCC loan, the appellant has one criminal antecedent of similar nature bearing Crime No.125/2019 which was lodged by his

brother Santosh Kumar Gupta in connection with obtaining loan after death of his father- Ram Gulam Sao by using his documents, the fact that first bail application u/s 439 of CrPC i.e. MCRC No. 5073/2021 has already been rejected on merits by this Court vide order dated 11.08.2021, statements of the victims/witnesses and other material available on record, there is no change in circumstances except that charge-sheet has been filed, I am not inclined to allow this appeal.

7. Accordingly, the appeal being without any substance is hereby dismissed.

Sd/-

(Gautam Chourdiya) Judge Nadim