SHAILESH KUMAR RAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicant has preferred this First Bail Application under Sec. 438 of Cr.P.C. as he is apprehending his arrest in connection with Crime No. 279/2019 registered at Police Station Baradwar, District Janjgir-Champa (C.G.) for the offence under Ss. 386/34 of Indian Penal Code.

(2.) The case of the prosecution in brief is that the complainant Natwar Lal Agrawal lodged a report to the effect that the applicant herein along with two co-accused had committed an extortion of Rs.12,00,000.00 followed by another demands of Rs.20,00,000.00. While making such demand, the applicant and the co-accused are also alleged to have threatened the complainant of his as also the family member's elimination in case the demand so raised was not fulfilled. Thus, the applicant is alleged to have committed the offence referred to above.

(3.) Counsel for the applicant submits that the applicant is innocent and has been dragged into a false case. He submits that it is the complainant himself who had asked the applicant herein to eliminate one Dhruv Agrawal, and when the applicant refused for the same, the complainant kept on persisting for the same. He further submits that the applicant has been implicated in this case just to malign his image in the society and also to ensure that the applicant could not give evidence against him. He further submits that a similarly situated accused namely Ashutosh Rai has already been granted anticipatory bail by the co-ordinate bench of this Court vide order dtd. 12/2/2020 passed in MCRCA No. 1881/2019 and therefore, the applicant's prayer for the same may also be granted.