Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:18899
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3199 of 2025 Mukesh Yadav S/o Shri Shatrughan Lal Yadav Aged About 36 Years R/o Shiv Mandir Gali, Sitamani Korba, Tahsil- Korba, Distt.- Korba (C.G.)
... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- City Kotwali, District – Korba (C.G.)
... Non-Applicant For Applicant : Mr. Pushpendra Kumar Baghel, Advocate. For Non-Applicant : Mr. UKS Chandel, Deputy Advocate General. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 25.04.2025
1. The applicant has preferred this Fourth Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 309/2015, registered at Police Station City Kotwali, District – Korba (CG) for the offence punishable under Sections 419, 420, 468, 471, 120-B and 201 of the Indian Penal Code (for short ‘IPC’).
2. The prosecution story 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 defferent cases and an amount of Rs. 3,43,869/- in between the period from 1998-2005 was usurped though the
2 amount was not deposited in the Treasury, subsequently, when the matter was enquired it was revealed that the applicnat along with other co-accsued prepared the false documents and on the basis of that the amount was withdrawn, therefore, the applicant has been arrested on 05.08.2015 in connection with Crime No. 309/2015, thereafter he was granted bail by this Court vide order dated 30.08.2017 passed in MCRC No. 5049/2017, the applicant after releasing on bail he continuously appeared before the trial Court but on the date of hearing 24.07.2024 he was not appeared before the trial Court due to medical problem the applicant has stone in his kidney and he was out of station for treatment on the date of hearing and he has informed his counsel but he counsel has not appeared and informed to the trial Court and trial Court has issued arrest warrant against the applicant and he was arrested on 07.03.2025. Hence, this application.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the first bail application of the applicant was dismissed as withdrawn vide order dated 17.08.2016 passed in MCRC No. 3068/2016, second bail application of the applicant was dismissed for want of prosecution vide order dated 19.07.2017 passed in MCRC No. 4785/2017, and the third bail application of the applicant was allowed by this Court vide order dated 30.08.2017 passed in MCRC No.5049/2017, and after being granted bail by this Court the applicant due to the stone in kidney of the applicant he
3 was out of station for treatment on the date of hearing on 24.07.2027, he did not appear before the trial Court on the said date, therefore the arrest warrant was issued against the applicant and the applicant was arrested, and this is the Fourth Bail application. The applicant was arrested on 07.03.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 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 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 he was arrested on 07.03.2025 after an arrest warrant was issued against him by the learned trial Court. It is further submitted that there is another criminal case registered against the applicant bearing Crime No. 315/2015, registered at Out Post Rampur, P.S. - Kotwali, District – Korba, and in the said case the applicant has also jumped the bail, for which the applicant has moved an application before this Court for grant of bail bearing MCRC No. 3208/2025 and the same has been rejected today, and if the applicant would be granted bail, there is every likelihood that the applicant will abscond again. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6.
Considering the facts & circumstances of the case, nature & gravity
4 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 he was arrested on 07.03.2025 after an arrest warrant was issued against him by the trial Court, further the fact that there is another criminal case registered against the applicant bearing Crime No. 315/2015, registered at Out Post Rampur, P.S. - Kotwali, District – Korba, and in the said case the applicant has also jumped the bail, for which the applicant has moved an application before this Court for grant of bail bearing MCRC No. 3208/2025 and the same has been rejected today, and if the applicant would be granted bail, there is every likelihood that the applicant will 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 instant Fourth bail application of applicant - Mukesh Yadav, involved in Crime No. 309/2015, registered at Police Station City Kotwali, District – Korba (CG) for the offence punishable under Sections 419, 420, 468, 471, 120-B and 201 of the IPC, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/-
(Ramesh Sinha)
Chief Justice Rajshekhar