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2025 DAILYLAW 20054 (CHH)

MANOJ PANDEY v. STATE OF CHHATTISGARH

MCRCA/620/2025 · 2025-05-01

body2025

Judgment text

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1 2025:CGHC:19973 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 620 of 2025 1 - Manoj Pandey S/o Lalan Pandey Aged About 51 Years R/o L.I.G. 49, Pandit Ravishankar Shukla Nagar, Korba, Tehsil And District Korba, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through Chowki Manikpur, Police Station Kotwali, Korba, District Korba, Chhattisgarh. ... Non-applicant For Applicant : Mr. Anshul Tiwari, Advocate For State : Mr. Malay Jain, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/05/2025 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 her arrest in connection with Crime No.157/2025 registered at Police Station – Chowki Manikpur District- Korba (C.G.) for the offences punishable under Sections 409, 420, 467, 468, 471 of IPC. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.03 11:20:23 +0530 2 2. Case of the prosecution, in brief, is that it has been alleged that the applicant through his firm M/s Chancler Developer has prepared a challan by changing the TRRN number of the soft copy of the challan payable to the firm and therefore he had embezzled the money of sum of rupees 1,14,000/- from the government and the employees working under the government. That, on the said allegations the FIR was registered in Chowki Manikpur, Police Station Kotwali, Korba, District Korba, Chhattisgarh against the applicant under section 409, 420, 466, 468, 471 of Indian Penal Code, 1860. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that there is no intention or motive of the applicant to commit such crime, therefore, when the applicant came to know about the said wrong EPF Challan he had wrote a letter to the General Manager of SECL, Korba on 22.03.2025 and he has clearly stated that the previous EPS deposit was made through his agent and it was later found that the challan submitted was incorrect and further to rectify the said mistake the applicant has deposited the pending EPFO amount through the official EPFO Indian website on 21.03.2025 and the account statement of the said payment has also been annexed along with the letter dated 22.03.2025. He also submits that co- accused namely Vishal Pandey has already been enlarged on anticipatory bail by this Court in MCRCA NO. 584 of 2025 vide 3 order dated 25.04.2025. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that as per the case diary, it transpires that the applicant prepared the challan by changing the TRRN number of the soft copy of the challan payable by M/s Chancellor Developers till March 2023 and by inserting a fake TRRN number and embezzled the money of the government and the employees working under it. Therefore, the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant and as per the case diary, it transpires that the applicant prepared the challan by changing the TRRN number of the soft copy of the challan payable by M/s Chancellor Developers till March 2023 and by inserting a fake TRRN number and embezzled the money of the government and the employees working under it and co-accused namely Vishal Pandey has already been enlarged on anticipatory bail by this Court in MCRCA NO. 584 of 2025 vide order dated 25.04.2025, hence, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Manoj Pandey, on 4 executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, 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. (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 vaishali