1 2025:CGHC:14606 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2373 of 2025 Sanjay Shukla (Correct name is Sanjay Kumar Shukla) S/o Shri Martanda Shukla Aged About 46 Years Caste Bramhan, Occupation- Teacher, R/o Vivekanand Colony Charcha, P.S. Charcha, Tahsil Baikunthpur, District- Korea (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station House Charcha, District- Korea, C.G ... Respondent For Applicant : Shri Ashok Kumar Varma and Shri Anmol Varma, Advocates. For Respondent/State : Shri U.K.S. Chandel, Dy.A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 26/03/2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 282/2024, registered at Police Station – Charcha, District Korea (C.G.) for the offence punishable under Sections 467, 468, 120(b), 420, 408 of IPC (as written in filed charge sheet.) GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.03.27 12:09:06 +0530 2 2. Case of the prosecution, in brief, is that a written complaint filed by Ramsagar Singh, cashier of Sarswati Shishu Mandir Higher Sec. School Charcha, against Abhijeet Pradhan, the main accused. The complaint alleges that between 28/05/2019 to 31/03/2023, Abhijeet Pradhan, in collusion with others, embezzled Rs. 28,08,490 by manipulating school fee entries. The complaint alleges that Abhijeet Pradhan, as the clerk/accountant/computer operator of the school, entered excess amounts in the monthly fee register and deposited less amount in the bank account of Vidhyalaya Samiti. The receipts given to guardians showed the actual amount paid, but the carbon copy of the receipt reflected the lesser amount entered in the bank account. Based on the complaint, the police station house Charcha registered Crime No. 282/2024 and offences under Sections 408, 420, 467, 468, and 120(b) of the Indian Penal Code (IPC) against Abhijeet Pradhan on 9/12/2024. During the investigation, statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure (CrPC). Abhijeet Pradhan was arrested on 9/12/2024 and his memorandum statement was recorded. Documents were seized, and further investigation led to the arrest of the applicant/accused and another accused, Ramendra Singh, on 17/01/2025. After completing the investigation, the police filed a charge-sheet on 5/03/2025, before the Chief Judicial Magistrate Baikunthpur (C.G.). 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He would submit that name of the applicant has come into light in the memorandum statement of the co-accused Abhijeet Pradhan whose bail application has been rejected by this Court in M.Cr.C. No.859/2025 vide order dated 10/03/2025 and case of the applicant is distinguished from the case of 3 the said co-accused and it is stated that he is a whistle blower and has raised the voice against the corruption in the said school, therefore, he prays for grant of bail. 4. 4. On the other hand, learned State counsel opposes the bail application and would submit that name of the applicant has come in the memorandum statement of the co-accused Abhijeet Pradhan whose bail application has been rejected by this Court in M.Cr.C. No.859/2025 vide order dated 10/03/2025, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, also considering the fact that name of the applicant has come into light in the memorandum statement of the co-accused Abhijeet Pradhan whose bail application has been rejected by this Court in M.Cr.C. No.859/2025 vide order dated 10/03/2025 and case of the applicant is distinguished from the case of the said co-accused and it is stated that he is a whistle blower and has raised the voice against the corruption in the said school, charge-sheet has been filed against the applicant, the applicant is in jail since 17/01/2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Sanjay Shukla, involved in Crime No. 282/2024, registered at Police Station – Charcha, District Korea (C.G.) for the offence punishable under Sections 467, 468, 120(b), 420, 408 of IPC, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- 4 (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-/- (Ramesh Sinha) Chief Justice gouri