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2025 DAILYLAW 5028 (CHH)

MANISH PRADHAN v. STATE OF CHHATTISGARH

MCRCA/127/2025 · 2025-01-24

body2025

Judgment text

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1 2025:CGHC:4522 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 127 of 2025 Manish Pradhan S/o Devendra Kumar Pradhan Aged About 28 Years Resident of H. No. 194/1, High School Road, Near Water Tank, Khemda, Basna, Distt. Mahasamund, Chhattisgarh ... Applicant versus State of Chhattisgarh Through The Police Station Basna, Distt. Mahasamund, Chhattisgarh ... Non-applicant For Applicant : Mr. Raza Ali, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.01.2025 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. 63/2024 registered at Police Station – Basna, District – Mahasamund (C.G.) for the offences punishable under Sections 420, 409 and 34 of the BNS, 2023. 2. According to the prosecution's story, the complainant filed a complaint alleging that he brought paddy to the society for sale. After weighing the paddy, he was informed that the server was ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.25 13:18:09 +0530 2 down and no slip was provided. Later, it was alleged that the applicant and another person sold the complainant's paddy, falsely claiming it belonged to one Ram Prasad, and thereby misappropriated the funds. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the entire process of paddy purchase has been done in CCTV Surveillance, and therefore, there is no possibility of taking the paddy without providing token numbers. He also submits that the applicant even otherwise not allotted the work for purchase or weighing of paddy. He also submits that the present applicant has no criminal antecedents, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and nature of dispute and material available in case diary and it appears that present applicant is a computer operator in the society and has no criminal antecedents. Therefore, without further commenting anything on 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 – Manish Pradhan, on 3 executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, 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 Abhishek