Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:38487
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1183 of 2025 • Akhilesh Sahu S/o Kanha Ram Sahu Aged About 50 Years R/o Vill. Bana P.O. Tendua, P.S. Urla, District- Raipur (C.G.)
... Applicant versus • State Of Chhattisgarh Through The Station House Officer, Kurud District - Dhamtari (C.G.)
... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Rakesh Kumar Thakur, Advocate For Respondent/State : Ms. Vaishali Mahilong, Panel Lawyer Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 04/08/2025
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.37/2025 registered at Police Station – Kurud District-Dhamtari, (C.G.) for the offences punishable under Sections 306, 34 of IPC.
2. Case of the prosecution, in brief, is that applicant along with other co-accused persons has abetted the deceased Kaushal Kumar Sahu to commit suicide. In the year 2021 the deceased was posted as Committee Manager at Guma Co-operative Society, he remained VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.06 10:44:07 +0530
2 absent continuously from his workplace since 23/12/2021 without any application or intimation and was also not picking the phone call, during the inspection also by Tahsilder he remained absent. On 16/01/2022 a suspension order of deceased was passed by the Chief Executive Officer, District Co-opertaive Central Bank, Raipur under Bank Employee Service Rule 60(3), stating that the deceased continuously remained absent front work place, and maintained careless conduct towards his work, not receiving call, misbehaving with labors, not providing the paddy procurement money to the concerned person. After the suspension the deceased didn't handover the charge to the appointed officer, then on 16/02/2022 an order was passed by the Deputy Registrar, Coperative Society directing to take charge of the committee by using police force. After the audit by new Committee Manager it was found that an irregularity of Rs. 12,85,841.47 was done by the deceased during the year April 2021 to 7 March 2022.
3.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that applicant is a posted as Assistant Manager in the committee and there is a delay of three years in lodging the FIR against the present applicant, and not a single complaint has been made by the deceased against the applicant before any authority regarding the harassment. He also submits that irregularity of amount of Rs.12,85,841.47/- was also found against the deceased after an audit by the new Manager of the Committee from April 2021 to March 2022. He further submits that co-accused person namely Prakash Gwalre has also been granted anticipatory bail in MCRCA No.891 of 2025, vide order dated 26.06.2025, investigation and trial
3 are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel 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, gravity of offence, also considering the fact that there is a delay of three years in lodging the FIR against the present applicant, considering the fact that co- accused person namely Prakash Gwalre has also been granted anticipatory bail in MCRCA No.891 of 2025, vide order dated 26.06.2025, investigation and trial are likely to take time, therefore, 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 – Akhilesh Sahu, 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.
(d) The applicant and the surety shall submit a copy of his
4 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
vaishali