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2025 DAILYLAW 34223 (CHH)

DEEPAK KUMAR AGRAWAL v. STATE OF CHHATTISGARH

MCRCA/1043/2025 · 2025-07-15

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Judgment text

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1 2025:CGHC:33471 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1043 of 2025 Deepak Kumar Agrawal S/o Bhogilal Aged About 31 Years R/o Village- Kotmer, Police Station - Kartala, Tahsil - Kartala District - Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Kartala District - Korba Chhattisgarh ... Non-applicant For Applicant : Mr. Dharmesh Srivastava, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.07.2025 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. 95/2025 registered at Police Station – Kartala, District – Korba(C.G.) for the offences punishable under Sections 420 of the Indian Penal Code (for short IPC). 2. This is first anticipatory bail application under section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023. Allegation against the present applicant is that he has committed an offence under section 420 of Indian Penal Code by committed misappropriation of the government VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.17 11:04:15 +0530 2 fund amounting to Rs. 12,90,198/- but the real fact of the case is that the present applicant is only a Data Entry Operator and used to work in the official computer system of Program Officer under his instructions and directions, thus it is clear that no offence has been committed by the present applicant. The offence has been registered and investigation is going on and charge sheet is yet to be filed. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. The applicant, working as a Data Entry Operator for over ten years, performs his duties under the direct supervision and instruction of the Program Officer, without any authority to use or manipulate official documents independently. The entries made by the applicant are based solely on data provided by the Program Officer, who also controls access to the computer system. The applicant denies any involvement in alleged irregularities or misappropriation of government funds, stating that payments are directly sent to beneficiaries and no bribes or funds were received by him. After being falsely implicated and removed from work without notice, the applicant was later reinstated as a computer operator. He belongs to a respectable family and is the sole breadwinner; thus, his arrest would cause undue hardship. Given these facts, the applicant submits that he is innocent, has no role in the alleged crime, and is entitled to anticipatory bail, offering to comply with any conditions the Court may impose. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel, appearing for the non- applicant/State, opposes the bail application. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, without expressing any opinion on the merits, 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 –Deepak Kumar Agrawal, 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) he 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav