Bilaigarh (C.G.) v. State of Chhattisgarh Through Station House Of
Case Details
1 2025:CGHC:2492 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 387 of 2025 Mahendra Kumar Tandon S/o Shri Shankar Prasad Tandon Aged About 34 Years R/o Village - Chanamuda, Thana Kosir, Tahsil - Sarangarh, Distt.- Sarangarh-Bilaigarh (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station - Sarangarh, District – Sarangarh-Bilaigarh (C.G.) ---- Non-applicant For Applicant For Non-applicant/State : :
Legal Reasoning
Mr. Sunil Sahu, Advocate. Mr. UKS Chandel, Deputy Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice 15.01.2025 Order on Board 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 553/2024, registered at Police Station – Sarangarh, District – Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 409, 120-B, and 34 of the Indian Penal Code (IPC). 2. The case of the prosecution, is that the complainant Sanjay Kumar sahu Branch Manager, Apex bank Sarangarh lodged the report on 19.07.2024 RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 against the applicant and others with the averment that the employee of Aadim Jati Sewa Sahakari Samiti have sanctioned the KCC loan in the name of 5 agriculturist and committed misappropriation of the money the said agriculturist have made the report in which the inquiry was made and it is found that the said persons have not taken the KCC loan from the Society, therefore, the Collector directed the Branch manager to lodge the report vide letter dated 18.07.2024 and on the direction and instructions FIR has been registered against the President, Society Manager as well as Computer operator. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case and the co- accused persons are granted bail by this Court vide orders dated 03.01.2025 and 09.01.2025 passed in MCRC Nos. 7275/2024 and 131/2025. The applicant is in jail since 07.12.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that the complainant Sanjay Kumar sahu Branch Manager, Apex bank Sarangarh lodged the report on 19.07.2024 against the applicant and others with the averment that the employee of Aadim Jati Sewa Sahakari Samiti have sanctioned the KCC loan in the name of 5 agriculturist and committed misappropriation of the money the said agriculturist have made the report in which the inquiry was made 3 and it is found that the said persons have not taken the KCC loan from the Society, therefore, the Collector directed the Branch manager to lodge the report vide letter dated 18.07.2024 and on the direction and instructions FIR has been registered against the President, Society Manager as well as Computer operator, therefore, he is not entitled for grant of bail. 5. 6. I have heard learned counsel for the parties and perused all of the documents available on record. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present applicant, charge-sheet has been filed against the applicant and the co- accused persons are granted bail by this Court vide orders dated 03.01.2025 and 09.01.2025 passed in MCRC Nos. 7275/2024 and 131/2025, the applicant is in jail since 07.12.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Mahendra Kumar Tandon, involved in Crime No. 553/2024, registered at Police Station – Sarangarh, District – Sarangarh- Bilaigarh (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 409, 120-B, and 34 of the IPC, be released on bail on his furnishing a personal bond with two local sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and 4 pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Rajshekhar Sd/- (Ramesh Sinha) Chief Justice