LAWS(CHH)-2023-1-113

ALOK BAJPAI Vs. STATE OF CHHATTISGARH

Decided On January 25, 2023
Alok Bajpai Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) Heard. This application under Sec. 438 of the Code of Criminal Procedure has been filed by the applicant who is apprehending his arrest in connection with Crime No. 23/2018 registered at Police Station- Jhagrakhand, District- Koriya (C.G.) for commission of the offence punishable under Ss. 420, 120(B), 409 r/w 34 of IPC and Sec. 138 of Negotiable Instrument Act.

(2.) Prosecution story in brief, is that, complainant lodged a report alleging that she booked a plot in the year 2015 under the Scheme of Adhiraj Infrastate Pvt. Ltd., and paid Rs.3,16,800.00 as booking amount and balance amount of Rs.4,75,200.00 was to be paid in installments. But the applicants who are partners of the said company, did not execute a sale deed in favour of the complainant as assured and ultimately the amount was not given even when the complainant demanded the amount back and thereby committed the offence.

(3.) Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in the crime in question. He further submits that other co-accused persons have already been granted regular bail by this Court vide order dtd. 23/10/2019 passed in MCRC Nos. 5953/2019 and 6202/2019. He further submits that the charge-sheet has been filed and the investigation has already been completed and no further interrogation is required to be done, therefore, the present applicant may be granted anticipatory bail.