LAWS(CHH)-2018-5-85

SHAMBHU PRASAD GUPTA Vs. STATE OF CHHATTISGARH

Decided On May 09, 2018
Shambhu Prasad Gupta Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) The applicants have filed these applications for grant of anticipatory bail as they are apprehending their arrest in connection with Crime No.03 of 2016 registered at Police Station Ramchandrapur, for the offence punishable under Sections 467.468.471,120-B,409 and 420 IPC.

(2.) As per case of the prosecution, the applicant along with other accused persons is said to have committed embezzlement of government money in the course of sale/purchase of paddy for the Society at Kishannagar and Ramchandrapur in District Balrampur. These applicants have been made accused by virtue of order passed by the Judicial Magistrate First Class, Ramanujganj on 19.09.2017 when the Magistrate allowed the application under Section 319 CrPC.

(3.) The contention of the applicants is that the identically placed person i.e. Vikas Kumar Agrawal have been granted anticipatory bail by this court on 07.12.2017 and the case of the present applicants and the allegations against each of the applicants are also similar/identical in nature. Therefore, the applicants also deserve to be granted bail on the ground of parity. In addition, there is no evidence available against the applicants also as on date in possession of the prosecution with which they could be prosecuted much less could be convicted in the said case. He further submits that as per the statement of witnesses before the trial court, there is no material collected against the applicants during the course of investigation.