Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:17663
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 532 of 2025 Pradeep Kumar Binjhwar (Wrongly Mention As Vinjhwar As Per Impugned
Order) S/o Surendra Kumar Aged About 31 Years , R/o House No.-164/ Ka, Tilaibhatha, Ward No.-20, Kartala, Tah. - Kartala, Dist. - Korba (C.G.)
... Applicant versus State Of Chhattisgarh Through - Station House Officer, P.S. - Urga, District - Korba (C.G.)
... Respondent For applicant : Shri Adil Minhaj, Advocate. For Respondent/State : Shri Sakib Ahmed, PL.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board 17/04/2025
1. Proceedings of this matter have been taken through video conferencing.
2. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.21 13:21:03 +0530
2 with Crime No.60/2025, registered at Police Station Urga, District Korba [C.G.] for alleged commission of offence punishable under Sections 318 (4), 316 (4) of BNS.
3. Case of the prosecution, in brief, is that a complaint has been lodged by the office of Sub Divisional Inspector Post Office Korba, alleging that the present applicant while being posted as Shakha Dakpal, Faraswani has committed misappropriation by reducing cash balance in 154 accounts to the tune of Rs. 66,15,028/-.
4.
Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in the instant case. He would submit that the accounts of the Branch Post Office are regularly audited by the Mail overseer every six month, whereas a yearly audit is conducted by the Superintendent/Assistant Superintendent. However, no irregularity or misappropriation was ever pointed out. He would submit that the applicant has been discharging his duties as ShakhaDakpal, Faraswani since 2013 without any complaint. He would submit that the discrepancy was allegedly noted in February 2024 since then the applicant and his family members have been pressurized to anyhow arrange the amount in question or else complaint would be lodged against him. He would submit that in view of constant threats by the officials, the applicant's father sold land and arranged money and consequently deposited Rs. 2800000/- on different dates in the year 2024. He would submit that till the applicant's father was depositing money with the officials, no complaint was lodged,
3 however, later on 25.02.2025 F.I.R. has been lodged against the applicant, the present applicant has no criminal antecedents, therefore he prays to enlarge the applicant on anticipatory bail.
5. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail.
6. I have heard learned counsel for the parties and perused the case diary.
7. Considering the facts and circumstances of the case, nature and gravity of offence, also considering the fact that the present applicant while being posted as Shakha Dakpal, Faraswani has committed misappropriation by reducing cash balance in 154 accounts to the tune of Rs. 66,15,028/- and investigation is still going on, I am not inclined to grant anticipatory bail to the applicant.
8. Accordingly, the anticipatory bail application of the applicant - Pradeep Kumar Binjhwar, involved in Crime No Crime No.60/2025, registered at Police Station Urga, District Korba [C.G.] for alleged commission of offence punishable under Sections 318 (4), 316 (4) of BNS is rejected. Sd/-Sd S Ss Sd/- (Ramesh Sinha)
Chief Justice gouri