Rajaram Pal vs State Of Chhattisgarh
2022 Latest Caselaw 6413 Chatt

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                                                                                NAFR
              HIGH COURT OF CHHATTISGARH AT BILASPUR
                          Criminal Appeal No. 1251 of 2022


Rajaram Pal, S/o. Ramkishun, Aged About 30 Years, R/o. Village Jagiyani, Police
Station Raghunathnagar, District Balrampur- Ramanauganj, Chhattisgarh
                                                                     ---Appellant

                                       Versus

State   Of   Chhattisgarh,   Through   Station   House   Officer,    Police   Station
Raghunathnagar, District : Balrampur-Ramanujganj, Chhattisgarh

                                                                    ---Respondent



For Appellant        :-      Mr. Arun Kumar Shukla, Advocate
For State            :-      Mr. Ashish Tiwari, Govt. Advocate


                  Hon'ble Shri Justice Sanjay K. Agrawal
                 Hon'ble Shri Justice Deepak Kumar Tiwari

                               Judgment on Board
                                   20/10/2022

Sanjay K. Agrawal, J.

1. This criminal appeal preferred under Section 21(4) of the National

Investigation Agency Act is directed against the impugned order

dated 30.06.2022 by which the application under Section 439 of

Cr.P.C. filed by Appellant has been rejected in connection with Crime

No.88/2018 for the offence under Section 489(A)(B)(C) of I.P.C. and

Section 25 of Arms Act.

2. The case of the prosecution is that on 07.10.2018, complainant

Arvind Kumar, who is a fish seller, lodged a report in the police station

alleging therein that Ramnath Gurjar purchased 2 kg fish @ Rs. 300/- from

him and for that Ramnath has given a currency note of Rs. 2,000/-. On

touching the said currency note of Rs. 2,000/-, it looked like a fake

currency note. When Complainant asked Ramnath about this, then he told

that, the said currency note was given to him by one Shankardayal. On the

basis of the said report, offence has been registered. During course of

investigation, one fake currency note of Rs. 2,000/- was seized from

complainant and from co-accused Shankardayal, 11 fake currency note of

Rs. 2,000/- and 17 fake currency note of Rs. 500/- have been seized from

his possession. It is further alleged that the said currency notes were given

to them by the present appellant Rajaram.

3. Learned counsel for the appellant submits that the appellant has not

committed any offence, he has been falsely implicated in this case

and he is in jail from 31.03.2022. He further submits that the trial will

take some time and nothing has been seized from the possession of

the present appellant, therefore, the appellant may be released on

bail.

4. Per contra, learned State counsel would submit that the co-accused

Shankardayal and Ramnath Gurjar have already been convicted by

the Additional Sessions Judge, Ramanujganj in Criminal Trial

No.24/2019 by the judgment dated 30.12.2019 for the offence under

Section 489(A)(B)(C) and the present appellant remained absconded

for four years; therefore, he is not entitled to be released and this

appeal is to be dismissed.

5. We have heard learned counsel for the parties, perused the evidence

and the documents on record.

6. Considering the nature and gravity of offence and further taking into

fact that the appellant remained absconding for four years and did

not cooperate with the investigation, further considering the material

available on record, we do not find any infirmity and illegality in the

order of the learned Sessions judge rejecting the bail application

under Section 439 of Cr.P.C. Accordingly, the instant appeal under

Section 21(4) of the National Investigation Agency Act is rejected.

                    Sd/-                                 Sd/-
              (Sanjay K. Agrawal)              (Deepak Kumar Tiwari)
                   Judge                                Judge

Ashok