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2025 DAILYLAW 31185 (CHH)

DR. KALESHWAR KUMAR NEGI v. STATE OF CHHATTISGARH

MCRC/5128/2025 · 2025-07-01

Shri Arvind Kumar Verma

body2025

Judgment text

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1 / 3 2025:CGHC:29818 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5128 of 2025 Dr. Kaleshwar Kumar Negi S/o Late Shri Rameshwar Singh Negi Aged About 40 Years Posted As Medical Officer At Community Health Centre, Mainpur, District - Gariyaband, R/o Village- Bhathigarh, Post- Tehsil- Mainpur, District- Gariyaband (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station - Mainpur, District- Gariyaband (C.G.) ... Respondent For Applicant : Mr. Yogesh Pandey, Advocate For State : Mr. Satish Gupta, GA (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 02/07/2025 1. This is the second bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 15/07/2024 in connection with Crime No.54/2024, registered at Police Station- Mainpur, District ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.07.04 10:36:00 +0530 2 / 3 Gariyaband, C.G. for the offence punishable under Sections 120 (B), 409, 420, 467, 468 and 471 of the IPC. 2. The First Bail application of the applicant bearing M.Cr.C. No.9039 of 2024 was dismissed as withdrawn on 30/01/2025. 3. The case of the prosecution in brief is that the complainant Gajendra Singh Dhruv lodged a written report in the Mainpur Police Station on 18/05/2024 to the effect that in the Community Health Center Mainpur, between the financial year 2016-17 to the financial year 2019-20 continuously for a period of four years 11 officers/employees have prepared fake bills in the Treasury through BTR, Bearer Cheque, forged handwritten seal and illegally withdrawn and embezzled a total govt amount of Rs.3,13,43,971/- from the public account of the State. 4. Learned counsel for the applicant submits that the other co-accused persons have been enlarged on bail by this Court in M.Cr.C. No.3837 of 2025 & M.Cr.C. No.2964 of 2025, therefore, the applicant may also be released on the ground of parity. He would lastly contend that there is no previous antecedent against the applicant, the applicant is in jail since 15/07/2024 and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail. 5. Per contra, learned counsel appearing on behalf of the State opposes the bail application submitted by the applicant. 3 / 3 6. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 7. Perusal of the record shows that the present applicant was the main accused in the present case as he is the Block Medical Officer and he has put signature on the fake bills. Therefore, looking to the role played by the applicant and his involvement in the crime the case of the present applicant is entirely different from the other co-accused persons who have been granted bail by this Court and the trial has also commenced. Considering the same, this Court is of the view that the applicant is not entitled to be released on bail. Accordingly, the bail application is rejected. SD/- SD/- (Arvind Kumar Verma) JUDGE ashu