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2025 DAILYLAW 19025 (CHH)

MANOJ PRADHAN v. STATE OF CHHATTISGARH

MCRCA/581/2025 · 2025-04-25

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Judgment text

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1 2025:CGHC:18887 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 581 of 2025 Manoj Pradhan S/o Late Baikunth Pradhan Aged About 30 Years R/o Flora City, Dunda, Raipur C.G. ... Applicant versus State of Chhattisgarh Through The Police Station Basna, District Mahasamund (C.G.) ... Non-applicant For Applicant : Mr. Raza Ali, Advocate For Non-applicant/State : Mr. Amit Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25.04.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 63/2024 registered at Police Station – Basna, District Mahasamund, (C.G.) for the offences punishable under Sections 420, 409, 34 of the Indian Penal Code. 2. As per the prosecution’s case, in brief is that a complaint has been made by the complainant stating that he brought paddy to the society for sale. After weighing the paddy, he was informed that the RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 server was down and no slip was issued. Later, it is alleged that the applicant and another person sold the complainant’s paddy by falsely showing that it belonged to one Ram Prasad, thereby misappropriating the proceeds. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant have no role in the entire prosecution story and is just posted as computer operator in jadamuda procurement center and not in the aforesaid center as mentioned in the FIR and the main accused is the manager of the society and all the allegations are levelled against the manger. He further submits that the other co-accused person, namely, Manish Pradhan, who is also computer operator, has already been granted anticipatory bail by this Court in MCRCA No. 127/2025, vide order dated 24.01.2025. He further submits that present applicant has no any criminal antecedents. Therefore, he submits that the present applicant is also entitled to be released on anticipatory bail on the ground of parity. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposed the anticipatory bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of the learned counsel for the parties and nature of dispute and 3 material available in case diary and it appears that the present applicant is just posted as computer operator in jadamuda procurement center and the main accused is the manager of the society and all the allegations are levelled against the manger, further the fact that the other co-accused person, namely, Manish Pradhan, who is also computer operator, has already been granted anticipatory bail by this Court in MCRCA No. 127/2025, vide order dated 24.01.2025 and the present applicant has no any criminal antecedents, therefore, I am inclined to grant anticipatory bail to the present applicant on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Manoj Pradhan, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. 4 (d) The applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan