PRAKASH @ PRAKASH KUMAR KEWAT v. STATE OF CHHATTISGARH
MCRCA/1370/2025 · 2025-09-08
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[ 2025 DAILYLAW 42455 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42455 (CHH) · dailylaw.ai ]
Judgment text
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NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1370 of 2025 Prakash @ Prakash Kumar Kewat S/o Late Rikhiram Kewat, Aged About 44 Years R/o Villge Kotmisonar, Ps And Tahsil Akaltara, District Janjgir Champa (C.G.) ...Applicant
versus State Of Chhattisgarh Through The District Magistrate, Janjgir , Ps Akaltara, District Janjgir Champa (C.G.) ... Non-applicant
For Applicant : Mr. Sourabh Sharma, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 09.09.2025
1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 379/2025, registered at Police Station – Akaltara District – Janjgir-champa (C.G.) for the alleged commission of offence punishable under Sections 318(4) of the Bhartiya Nyaya Sanhita, 2023. 2. As as per prosecution story: On 18.08.2025 complainant/Laxmilal Patel, made a written complaint against the applicant alleging that in Jila Sahakari Kendriya Bank Maryadit, Branch Akaltara, he is having VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.10 11:57:34 +0530
2 / 4 his Bank Account and as on 11.04.2025 his bank balance is Rs 12,62,209/- time to time the amount has been credited from sale of paddy. On withdraw Rs 50,000/- from his bank account to meet out the 11.04.2025 he household expenses and on 16.05.2025 he withdraw sum of Rs 25,000/- and on 04.06.2025 sum of Rs 50,000/- and when he inquired about his bank balance from the Manager of bank it has been informed that balance in his account is Rs 5,87,209.92/-, only whereas, from 11.04.2025 to 04.06.2025 he has withdrawn only sum of Rs. 1,25,000/- and he has never withdrawn sum of Rs 5,50,000/- from his account. It was further alleged that without his knowledge and by making forgery sum of Rs.5,50,000/- has been transferred by present applicant as he was Manager of Primary Agriculture Branch Co- operative Society, Amora (Seva Sekhakari Samiti) and earlier also the present applicant has committed similar nature of crime and offence under Section 420 of IPC registered against the applicant at P.S. Akaltara. A web copy of FIR in Crime No.379/2025 registered at P.S. Akaltara, District Janjgir-Champa for offence under Section 318(4) of BNS 2023. 3.
The applicant submits that he is an innocent person who has been falsely implicated in the alleged offence, as even the essential ingredients of Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 are missing from the prosecution story. He is not an employee of any Bank, nor does he hold any authority to transfer or withdraw money from any account, but is merely an employee of the Primary Agriculture Branch Cooperative Society, Amora, whose primary duty is to facilitate procurement of paddy under the MSP scheme. The allegations that he transferred 5,50,000/- from the complainant’s account are baseless, ₹
3 / 4 as bank statements clearly show he is neither a beneficiary nor has he withdrawn any money in cash. The FIR against him is politically motivated, as he was only given charge of Society Manager on 02.04.2025 after a prior false case in Crime No. 379/2023, in which he was already granted anticipatory bail. Despite this, the learned court below rejected his anticipatory bail without proper reasoning, overlooking his young age, good reputation, and absence of any criminal record. The applicant is a permanent resident of Village Kotmisonar, PS and Tahsil Akaltara, District Janjgir-Champa (C.G.), and is ready to abide by any conditions imposed by this Hon’ble Court; hence, he prays for grant of bail. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant. 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 - Prakash @ Prakash Kumar Kewat, 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:-
4 / 4 (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