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2025 DAILYLAW 20797 (CHH)

PRAKASH KUMAR MAHILANGE v. STATE OF CHHATTISGARH

MCRC/3540/2025 · 2025-05-06

Smt Rajani Dubey

body2025

Judgment text

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1 2025:CGHC:20996 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3540 of 2025  Prakash Kumar Mahilange, S/o Pancham Lal Mahilange, Aged About 38 Years, R/o Village Nariyara, P.S. Mulmula, Tehsil Akaltara, District Janjgir - Champa, Chhattisgarh. ... Applicant versus  State of Chhattisgarh Through Police Station House, Pendra, District Gourella - Pendra Marwani Chhattisgarh. ... Respondent For Appellant : Mr. Vijay Shankar Mishra, Advocate. For Respondent : Mr. Ajay Pandey, Govt. Advocate. (Hon’ble Smt. Justice Rajani Dubey) Order on Board 07/05/2025 1. Heard. 2. Admit. 3. The applicant has preferred this first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail as he is arrested in connection with Crime No. 2 428/2018 registered at Police Station – P.S. Pendra, District Gourella-Pendra-Marwahi (C.G.) for the offence punishable under Sections 420, 468, 471, 34 of the IPC. 4. Allegation against the present applicant, who is Block Co- ordinator at Janpat level, is that he along with co-accused persons withdrew the amount for housing construction in the name of beneficiaries who were dead/mentally unsound/beneficiaries who do not have bank account and the withdrawal of amount was not verified with the account and Aadhar card of the beneficiaries and thereby committed embezzlement of the government funds. 5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that charge sheet in the case has been filed and nothing incriminating has come against the applicant. It has been also submitted that the present applicant is behind the bar since 22.04.2025, charge sheet has been filed, there is no likelihood of the case being decided in near future and similarly situated other co-accused persons namely Chandrashekhar and Santosh have been granted bail by this Court in MCRC No.4458/2020, therefore, the present applicant may be extended privilege of regular bail on the same set of evidence. 6. Learned State counsel apposing the bail application submits that the present applicant has criminal antecedent and in the charge sheet there is ample evidence against him, therefore, his application may be rejected. 7. Considering the totality of the facts and circumstances of the case and further considering the orders dated 18.08.2020 passed in MCRC No.4458/2020 granting bail to other co-accused persons and further considering that the trial may take some time, without commenting anything on merit of the case, I am inclined to release the applicant on regular bail. 8. Accordingly, the instant bail application is allowed. 3 9. It is directed that the Applicant shall be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety of the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed. Certified copy, as per rules. Sd/- (Rajani Dubey) Judge pekde Digitally signed by VIJAY BHARATRAO PEKDE