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2025 DAILYLAW 40170 (CHH)

YOGESHWAR SWAROOP BHATNAGAR v. STATE OF CHHATTISGARH

MCRC/6745/2025 · 2025-09-23

Shri Deepak Kumar Tiwari

body2025

Judgment text

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1 2025:CGHC:49019 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6745 of 2025 Yogeshwar Swaroop Bhatnagar S/o Late N.S. Bhattnagar, Aged About 76 Years, R/o In Front Of Gandhinagar Police Station, Dr Pushpendra Gali, Thana Gandhinagar, District- Sarguja C.G. ... Applicant (s) versus State Of Chhattisgarh Through Police Station-Ramanujganj, Dist. Balrampur- Ramanujganj C.G. ... Respondent(s) For Applicant : Ms. Pragati Pandey, Advocate on behalf of Mr. Sudhir Sharma, Advocate For Respondent(s) / State : Mr. Rajeev Bharat, Government Advocate Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 24/09/2025 1. Heard. 2. This is the second application filed under Section 483 of the Bhartiya Nagrik Suraksha Sahinta, 2023 for grant of regular bail to the applicant, who has SHYNA AJAY Digitally signed by SHYNA AJAY DN: cn=SHYNA AJAY, o=PERSONAL, st=Chhattisgarh, c=IN 2 been arrested in connection with Crime No.72/2023 registered at Police Station Ramanujganj, District Balrampur, Ramanujganj (CG) for the offence punishable under Sections 420, 467, 468, 471, 120-B, 409 of the IPC. 3. The first bail application of the applicant was dismissed as withdrawn vide order dated 9.6.2025 passed in MCRC No.3021 of 2025, with an observation that the trial Court shall make earnest endeavour to conclude the trial expeditiously. 4. Prosecution case, in brief, is that on the basis of written complaint made by Executive Engineer, Water Resource, Division No.2, Ramanujganj, an FIR has been lodged before Police Station Ramanujganj on 17.03.2023 to the effect that Sanjeev Kumar Singh, who is working as Data Entry Operator along with Sanjeev Kumar Graykar - the then Sub Divisional Officer and Incharge Executive Engineer, Mithlesh Kumar Pandey – Accountant, Neeraj Abhishek Ekka - Divisional Accountant Officer, have caused irregularity by transferring the fund of land acquisition in their personal accounts as also in the account of the present applicant – Yogeshwar Swaroop Bhatnagar and for the same, the aforesaid officials/employees have been suspended and Departmental Enquiry has also been initiated against them. It is alleged that the aforesaid persons in a fraudulent manner by using ‘Yourself Cheque’ have embezzled an amount of Rs.8,87,54,524/- and transferred the same in their personal accounts as also in the account of present applicant – Yogeshwar Swaroop Bhatnagar. On the basis of above allegations, the aforesaid offence has been registered against the applicant and other accused persons. 5. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He would submit that the applicant is an elderly man aged about 76 years and has been in jail since 28.2.2025; the offence is triable by the JMFC and conclusion of trial is likely to take considerable time. Hence, considering all these aspects, the applicant may 3 be enlarged on bail. 6. On the other hand, learned counsel for the State would oppose the bail application. He submits that in the account of the present applicant, the embezzeled amount has been transferred. 7. Considering the facts and circumstances of the case, particularly considering the period of pre-trial detention of the applicant and further considering that the offence is triable by the JMFC and conclusion of trial is likely to take some more time, I am of the opinion that the present is a fit case to enlarge the applicant on bail. 8. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.One Lakh with two sureties in the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court. 9. The applicant shall file an affidavit(s) showing details of his movable and immovable properties held by himself and his family members viz. wife and dependent children and shall also not alienate the immovable property without the prior permission of the concerned trial Court. 10.Certified copy as per rules. Sd/- ( Deepak Kumar Tiwari) Judge Shyna