Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:28787
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 928 of 2025 Likesh Kumar Bairagi S/o Chandrakumar Bairagi Aged About 41 Years R/o Ward No. 27, House No. 101, Kachanbag, District - Rajnandgaon (C.G.)
... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Baramkela District - Sarangarh - Bilaigarh (C.G.)
... Non-applicant(s) For Applicant : Mr. Aditya Khare, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board 27.06.2025
1. The applicant has preferred the second anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.53/2025, registered at Police Station – Baramkela District –Sarangarh-Bilaigarh (C.G.) for the alleged commission of offence punishable under Sections 316(5), 338, 336(3), 340(2), 318(4), 3(5) of B.N.S. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN
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2. The prosecution story in brief is that the complainant was lodged report to the concerned police station with intend that the accused person have prepared forged voucher and committed embezzlement amount of Rs. 9,91,20,877.69/- of the beneficiary cultivator. Based upon the such complaint made by the complainant police has registered the offence under section 316(5), 338, 336(3), 340(2), 318(4), 3(5) of B.N.S. against the accused persons.
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Learned counsel for the applicant submits that the present applicant is innocent person and has falsely been implicated in the aforesaid criminal case by the complainant. He further submits that the incident took place during from 01.04.2024 to 06.11.2024 and the case is registered on 04.05.2025, the looking to the facts, there is delayed FIR by the complainant in this case, which is very long delay in this case and the applicant was not involved in any kind of crime. He further submits that the present applicant is bonafide computer operator during from 12.02.2021 to 19.11.2024 and his work has been done as per direction of the higher authority and Manager of the alleged bank and the applicant has neither embezzled the any amount nor committed any aforesaid offences as alleged by the prosecution against him and further the applicant has neither prepared forged document, nor benefited of any subject amount nor committed fraud and cheating with the cultivator nor receiving any amount and he has falsely been implicated in connection of this crime without any sufficient reason. Accordingly, he prays for grant of anticipatory bail to the applicant. 3
4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submits that the applicant, Likesh Kumar Bairagi, along with other co-accused persons, were involved in the embezzlement of a total amount of ₹9,91,20,877.69/- (Nine Crore Ninety-One Lakh Twenty Thousand Eight Hundred Seventy- Seven Rupees and Sixty-Nine Paise) by transferring funds into the accounts of themselves, their family members, and others, and by using forged vouchers as well as making withdrawals without vouchers. There is sufficient ground for establishing their involvement in this serious financial offence and the case diary also contains facts indicating that the applicant is absconding. Accordingly, the present 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 fact and circumstance of the case, on the basis of the material available in the case diary, there exists a prima facie case indicating that the applicant, Likesh Kumar Bairagi, along with other co-accused persons, were involved in the embezzlement of a total amount of ₹9,91,20,877.69/- (Nine Crore Ninety-One Lakh Twenty Thousand Eight Hundred Seventy-Seven Rupees and Sixty-Nine Paise) by transferring funds into the accounts of themselves, their family members, and others, and by using forged vouchers as well as making withdrawals without vouchers and there is sufficient ground for establishing their involvement in this serious financial offence thus, this Court is of the view that the present applicant is not entitled for grant of anticipatory bail. 4
7. Accordingly, the anticipatory bail application of the applicant – Likesh Kumar Bairagi, involved in Crime No.53/2025, registered at Police Station – Baramkela District –Sarangarh-Bilaigarh (C.G.) for the alleged commission of offence punishable under Sections 316(5), 338, 336(3), 340(2), 318(4), 3(5) of B.N.S., is rejected. Sd/- (Ramesh Sinha) Chief Justice Kunal