Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:18600
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3129 of 2025 Laxman Yadav S/o Shankar Lal Yadav Aged About 29 Years Resident Of Kaudiyapara, Ward No. 10, Yadav Niwas, P.S. Pithaura, District Mahasamund Chhattisgarh At Present Resided- Chaudah Colony Village Digma P.S. Gandhinagar, District Sarguja Chhattisgarh
... Applicant(s) versus State Of Chhattisgarh Through- Station House Officer, Police Station Manipur, District Surguja (C.G.)
... Respondent(s) For Applicant(s) : Mr. Sudhir Kumar Sahu, Advocate. For Respondent(s) : Mr. U.K.S. Chandel, Deputy A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.04.2025
1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 91/2024 registered at Police Station Manipur, District Surguja (C.G.) for the offence punishable under Sections 409, 420, 467, 468, 120-B and 34 of the Indian Penal Code (for short ‘IPC’). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN
2
2. Case of the prosecution, in brief, is that the complainant has made written complaint before the concerned Police Station alleging that the accused persons have embezzled and misused amount of Rs. 62,18,279/- in the Aarohan Financial Services Ltd. Branch Ambikapur, District Sarguja Chhattisgarh for their own purpose. Ultimately, after conducting the enquiry, finally it has been found that during the work period of the present applicant, he has committed a cash misappropriation of Rs. 28,336/-. Based upon such complaint, the police has registered aforesaid offence and subsequently, he was arrested. Hence, the bail application. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dated 19.07.2024, therefore this second bail application is filed on the ground that till date, only one prosecution witness has been examined before the learned trial Court, charge-sheet has already been filed in the present case and the applicant is in jail since 25.03.2024, hence, he prays for releasing the applicant on regular bail. 4.
On the other hand, learned State counsel opposes the bail application and submits that the applicant in collusion with other co- accused persons are alleged to have committed misappropriation of Rs.62,18,279/- and used it for their own purpose, during enquiry it was found that the applicant had misappropriated Rs.28,336/- during his work period, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 3
6. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 19.07.2024 in MCRC No. 5104 of 2024 on the ground that the involvement of applicant has been found in a huge financial fraud through KYC manipulation, committed in an organized manner in collusion with other co- accused persons, so far as status of trial is concerned, one prosecution witness has been examined before the trial Court, further there appears to be no new ground. 7. Accordingly, the second bail application of the applicant- Laxman Yadav, involved in Crime No. 91/2024 registered at Police Station Manipur, District Surguja (C.G.) for the offence punishable under Sections 409, 420, 467, 468, 120-B and 34 of the IPC, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. -
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE Akhil