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2025 DAILYLAW 31987 (CHH)

RAKESH PATEL v. STATE OF CHHATTISGARH

MCRCA/975/2025 · 2025-07-06

body2025

Judgment text

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1 2025:CGHC:31066 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 975 of 2025 Rakesh Patel S/o Telan Patel, Aged About 35 Years Occupation Meter Reader, R/o Village- Tendua, Nayapara, P.O Devribija Police Station Devribija, Thana And District Bemetara (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Chowki- Deverbija, Police Station, Bemetara (C.G.) ... Respondent For Applicant : Shri Goutam Khetrapal, Advocate. For Respondent/State : Shri Hariom Rai, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07/07/2025 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 his arrest in connection with Crime No.219/2025 registered at Police Station – Bemetara, District- Bemetara (C.G.) for the offence punishable under Sections 316 (5), 318 Bhartiya Nyay Sanhita, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.08 16:30:00 +0530 2 2. Case of the prosecution, in brief, is that on 16.04.2025, applicant while working as a meter reader under contracts valid from 01.09.2023, to 31.08.2024 (work order numbers 3742 and 4680). The allegations included a failure to issue timely electricity bills in Semaria, Gadua, and Bangledehi villages, and the deliberate reduction of meter readings for 42 consumers, which allegedly caused a loss of Rs.12,92,992/- to the electricity department. Furthermore, the complaint claimed that the applicant defrauded the department by misappropriating Rs.66,180/- collected from 10 consumers. 3. Learned counsel for the applicant submits that the applicant is innocent and he is falsely implicated in the case and the FIR does not disclose any cognizable offence against the applicant. He would submit that the applicant was working as Meter Reader, the applicant is not responsible for the embezzlement of money that directly impacted consumers; rather, one Junior Engineer (J.E.) Prakash Sahu is implicated in these actions and he has been suspended by his department on 11.03.2025. He would submit that after the applicant made the aforementioned complaints and sought information, on 18.04.2025 respondent No. 2, lodged a false and retaliatory written complaint with the Devribija Police Station, Bemetara. On 10.03.2025, the applicant also submitted a letter to the Chief Engineer CSPDCL, this letter highlighted two key issues: the embezzlement of excess consumer bill amounts by the then-posted Junior Engineer through inter-consumer 3 transfers, and secondly the recovery of money from farmers under the guise of irrigation pump connections and transformer failures. It is also submitted that, vide letter dated 10.03.2025 applicant formally informed Chief Engineer regarding Ganga Prasad Bajare, Assistant Engineer, Deokar Sub-division, Durg, for embezzling electricity bills since November 2024 and neglecting security deposit adjustments. Funds were withdrawn from a Balod bank account. Despite Thakur's removal, these Devarbija bills are still unresolved and same day i.e. on 10.03.2025 the applicant has also given a complain letter to Managing Director of C.G. State Power Distribution Company Limited Maryadit regarding the above mentioned fact, the applicant was 4th class employee who was working under contract and only to safe employee and officers of CSPDCL, applicant has been implicated falsely. He would submit that the applicant submitted an application to the Executive Engineer, C.S.P.D.C.L. Saja, Bemetara оn 06.03.2025, seeking an investigation into Embezzlement of security deposit money and cash posting at the Devarbija Distribution Center by Reader of office namely Narayan Thakur. He would submit that earlier the applicant has preferred a petition bearing no. Cr.M.P. 1974 of 2025 for quashing FIR Dated 18.04.2025 No. 219/2025 registered against applicant and this Court by order dated 26.06.2025 rejected the same. He would submit that investigation and trial are likely to take time, therefore, the present applicant is entitled to be released on anticipatory bail. 4 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, considering the nature of allegations levelled against the applicant who is a Meter Reader and also considering the fact that investigation and trial are likely to take time, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Rakesh Patel, on 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. 5 (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 gouri