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2025 DAILYLAW 19633 (CHH)

ABHIJEET PRADHAN v. STATE OF CHHATTISGARH

MCRC/3296/2025 · 2025-04-30

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Judgment text

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1 2025:CGHC:19651 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3296 of 2025 Abhijeet Pradhan S/o Sanjeev Kumar Pradhan Aged About 32 Years R/o Ward No. - 7 Roopnagar, Charcha Colliery P.S. Charcha, Tehsil - Baikunthpur, District - Koriya, Chhattisgarh ... Applicant versus State of Chhattisgarh Through The Police Station Charcha, District - Koriya, Chhattisgarh ... Non-applicant For Applicant : Mr. Chandresh Shrivastava, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, Dy. Adv. General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.04.2025 1. This is the Second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 282/2024 registered at Police Station – Charcha, District – Koriya (C.G.), for the offence punishable under Sections 120B, 408, 420, 467, 468 of the Indian Penal Code. 2. The earlier bail application of the applicant being MCRC No. 859 of ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.05.02 12:34:14 +0530 2 2025 was rejected by this Court on merits. 3. According to the prosecution's case, a complaint has been filed alleging that the accused, posted as a clerk/accountant at Saraswati Shishu Mandir Higher Secondary School, Charcha, embezzled fees collected from parents. The modus operandi was to record a lesser amount in the carbon copy and deposit that amount into the bank account, resulting in the embezzlement of Rs. 28,08,490/- over five years. A written complaint was submitted by Ram Sagar Singh, treasurer of the school committee, to the Charcha police station. Based on this complaint, the Charcha police station registered Case No. 282/2024 under Sections 467, 468, 120B, 420, and 408 of the IPC, and an investigation is underway. The accused is alleged to have embezzled approximately Rs. 28,08,490/- from the educational institution by forging documents. 4. The learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits. The second bail application of the applicant is being preferred on the grounds that the other co-accused person, namely, Sanjay Shukla vide order dated 26.03.2025 in MCRC No. 2373 of 2025 has already been granted regular bail by this Hon’ble Court. Therefore, the applicant is also entitled to be released on regular bail on the ground of parity. 5. On the other hand, the learned State counsel opposes the bail application of the applicant and submits that while granting bail to the co-accused, namely Sanjay Shukla, this Court had observed in paragraph 6 that the case of the co-accused, Sanjay Shukla, is 3 distinguishable from the case of the present applicant. Therefore, the bail application of the present applicant is liable to be rejected. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, and further the fact that while granting bail to the co-accused, namely Sanjay Shukla, this Court had observed in paragraph 6 that the case of the co-accused, Sanjay Shukla, is distinguishable from the case of the present applicant, this Court is of the considered opinion that it is not a fit case to grant bail to the applicant.. 8. Accordingly, the Second bail application of the applicant – Abhijeet Pradhan, involved in Crime No. 282/2024 registered at Police Station – Charcha, District – Koriya (C.G.), for the offence punishable under Sections 120B, 408, 420, 467, 468 of the Indian Penal Code, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek