Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:5
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NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 87 of 2025 1 - Ashok Kumar Patel S/o Brijpal Patel Aged About 51 Years R/o House No. 1981/42, Abhiyanta Chowk, Sundar Nagar, Raipur, Tahsil And District Raipur, C.G. Mo. 7987083712 ---- Applicants Versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Moudhapara, District Raipur, C.G. ---- Respondent For Applicant : Mr. Amit Kumar Sahu, Advocate For State/ non-applicant : Mr. Vinay Pandey, Dy. A.G. Hon'ble Shri Justice
Rakesh Mohan Pandey
Order on Board 31.01.2025
1. This is the first bail application filed under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of anticipatory bail to the applicant who is apprehending arrest in connection with Crime No. 200 of 2023, registered at Police Station – Moudhapara, District – Raipur, Chhattisgarh for the offences punishable under Sections 420 and 409 read with Section 34 of the Indian Penal Code.
2. Learned counsel appearing for the applicant would submit that the applicant has already deposited Rs.2,75,807/- and the receipt has been placed on record vide Annexure-A/2. He would further contend that the Digitally signed by SMT NIRMALA RAO
co-accused, namely Sanjay Kumar Sharma has already been enlarged on regular bail in MCRC No. 6185 of 2024 vide order dated 20.9.2024. He would further contend that the charge-sheet has already been filed.
3. On the other hand, counsel for the State would oppose the submissions made by counsel for the applicant.
4. Taking into consideration the fact that the applicant has already refunded an amount of Rs.2,75,807/- and the fact that the allegation against the applicant is that he embezzled an amount of Rs.2,75,807/- and that amount has already deposited, therefore, I am inclined to allow this bail application.
5. Accordingly, the bail application is allowed. It is directed that in the event of arrest of the applicant in connection with aforesaid crime number, he shall be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one surety in the like sum to the satisfaction of the concerned arresting/ investigating officer or the Court concerned, as the case may be, with the following terms and conditions: (i) that the applicant shall make himself available for interrogation before the concerned investigating officer as and when required; (ii) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the
facts or the case so as to dissuade him/ her from disclosing such
facts to the Court or to any police officer; (iii) that the applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (iv) that 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. The observations made in the course of this order are only for considering the case of the applicant on the application for grant of
3 anticipatory bail. The concerned trial Court shall not be influenced or bound by the observations made in the course of this order.
6. Certified copy as per rules.
Sd/-
(Rakesh Mohan Pandey)
Judge Nimmi