Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:19420
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3262 of 2025 Mukesh Yadav S/o Shri Shatrughan Lal Yadav Aged About 36 Years R/o Shiv Mandir Gali, Sitamani Korba, Police Station And Tahsil Korba, District Korba (C.G.)
... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Out Post Rampur, P.S. Kotwali, District Korba (C.G.)
... Respondent(s) For Applicant(s) : Mr. Dhaneshwar Yadav, Advocate. For Respondent(s) : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 25.04.2025
1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 361/2015 registered at Police Station – Out Post – Rampur, P.S. - Kotwali, District Korba (C.G.), for the offence punishable under Sections 419, 420, 468, 471, 120-B, 201 of the IPC. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN
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2. Case of the prosecution, in brief, is that the applicant, who was working in the Court, sent a requisition by false signature of the Chief Judicial Magistrate, Korba to Police Station Deepika for the money which was seized in different cases and an amount of Rs.3,43,869/- in between the period from 1998-2008 was usurped and not deposited in the Treasury. Subsequently, the applicant was arrested on 05.08.2015 in connection with other Crime No.309/2015, thereafter, he was granted bail by this Court vide order dated 30.08.2017 passed in MCRC No.5049/2017. However, the applicant could not appear before the trial Court on the date of hearing on 24.07.2024, therefore, an arrest warrant was issued against the applicant and he was arrested on 07.03.2025. Hence, the bail application.
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Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He further submits that the applicant could not appear before the trial Court on the date of hearing on 24.07.2024, as he was out of station for treatment of his kidney stone. He would further submit that the applicant is in jail since 07.03.2025 and conclusion of the trial will take some time. Accordingly, he prays for enlarging the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further
3 submits that after being granted bail by this Court vide order dated 30.08.2017 passed in MCRC No.5049/2017, the applicant has jumped the bail and was arrested on 07.03.2025, after issuance of arrest warrant against him by the trial Court. He also submits that there are other 02 criminal cases registered against the applicant and in the said cases the applicant has also jumped the bail, against which the applicant has preferred bail applications before this Court bearing MCRC Nos. 3199/2025 & 3208/2025, which were rejected by this Court vide orders dated 28.04.2025. As such, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that after being granted bail by this Court vide order dated 30.08.2017 passed in MCRC No.5049/2017, the applicant has jumped the bail and was arrested on 07.03.2025, after issuance of arrest warrant against him by the trial Court, further considering the fact that there are other 02 criminal cases registered against the applicant and in the said cases the applicant has also jumped the bail, against which he has preferred bail applications before this Court bearing MCRC Nos. 3199/2025 & 3208/2025, which were rejected by this Court vide orders dated 28.04.2025, and if the applicant is
4 released on bail, there is every likelihood that he would abscond again, as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7.
Accordingly, the bail application of the applicant – Mukesh Yadav, filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, involved in Crime No. 361/2015 registered at Police Station – Out Post – Rampur, P.S. - Kotwali, District Korba (C.G.), for the offence punishable under Sections 419, 420, 468, 471, 120-B, 201 of the IPC, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously. 9. Office is directed to send a certified copy of this order to the concerned trial Court for necessary information. -
Sd/-
(Ramesh Sinha)
Chief Justice Akhil