ANIL SONI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This frst anticipatory bail application under Sec. 438 of the Code of Criminal Procedure has been fled by the accused/applicant who is apprehending his arrest in connection with Crime No. 492/2020 registered at Police Station Gandhinagar, Ambikapur, District Sarguja, CG for the offence punishable under Sec. 420,34 of IPC.

(2.) Case of the prosecution in brief is that the co-accused persons have taken some amount from the complainant for getting the loan, in the investigation the co-accused person have been apprehended and from the memorandum of Co-accused Jyotish Nishad the name of the applicant is revealed. It is stated in the memorandum statement by the Jyotish Nishad that out of the total amount received for getting the loan to the complainant some amount has been given to the present applicant.

(3.) Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He also submits that the alleged incident said to have been committed on 6/7/2019 the FIR was lodged on 4/12/2020 in the FIR name of the present applicant was not mentioned even in the statement of complainant under Sec. 161 of the Cr.PC name of the applicant has not been mentioned. However, on the basis of memorandum statement of the co-accused persons the name of the present applicant has come on record. He further submits that the co-accused has already been granted bail by this Court vide order dtd. 3/8/2022 passed in MCRCA No. 940 of 2022. The applicant is ready to abide by all the terms and conditions which may be imposed by this Court and therefore, application may be allowed.