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2025 DAILYLAW 6524 (CHH)

PARMESHWAR PATEL v. STATE OF CHHATTISGARH

MCRCA/176/2025 · 2025-02-03

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:6110 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 176 of 2025 Parmeshwar Patel S/o Ramsingh Patel, Aged About 27 Years R/o Bhakurra Navapara Ward No. 17, Police Station Takhatpur, District Bilaspur (C.G.). ... Applicant versus State of Chhattisgarh Through Police Station - Khairagarh, District – Khairagarh-Chhuikhadan-Gandai (C.G.). ... Non-applicant For Applicant : Mr. Vikas Shrivastava, Advocate. For Non-applicant/State : Mr. UKS Chandel, Dy. Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.02.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 176/2023 registered at Police Station – Khairagarh, District – Khairagarh- Chhuikhadan-Gandai (C.G.) for the offence punishable under Sections 406, 408 and 420 of the Indian Penal Code (IPC). 2. The prosecution story, in brief, is that the complainant lodged a report in Police Station Khairagarh stating that he is posted as Branch Manager in the Bharat Financial Inclusion Ltd. at Branch – Khairagarh and the applicant was employee in the same branch, it is alleged upon the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 applicant that during his tenure he had embezzled the loan amount of four persons, accordingly, he has embezzled Rs. 4,90,367/- of the company. On the basis of the complaint the Police has registered the crime against the applicant. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the applicant was employee of Bharat Financial Inclusion Ltd., but he has been terminated from the service on 17.02.2023 prior the date of the FIR, subsequent of his termination the applicant deposited Rs. 27,778/- in the concerned Company according to direction of Company, further the fact that there was a dispute between the applicant and the Branch Manager of the Company on account of which the applicant got termination from the Company, and there is no any legal witness to the offence to prop up the alleged prosecution story. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case diary it transpires that the applicant was employee of Bharat Financial Inclusion Ltd., but he has been terminated from the service on 17.02.2023 prior the date of the FIR, subsequent of his termination the applicant deposited Rs. 27,778/- in the concerned Company according to 3 direction of Company, further the fact that there was a dispute between the applicant and the Branch Manager of the Company on account of which the applicant got termination from the Company, and there is no any legal witness to the offence to prop up the alleged prosecution story, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Parmeshwar Patel on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, 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 their adhaar card alongwith a colored 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 themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar