Nafr High Court
Case Details
1 2025:CGHC:21367 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2964 of 2025 1 - Lukesh Kumar Chaturvedani S/o Chaituram Chaturvedani Aged About 35 Years R/o Vill- Garola, P.S. Abhanpur, Dist.- Raipur (C.G.) versus ... Applicant(s) 1 - State Of Chhattisgarh Through- S.H.O., P.S. Mainpur, Dist.- Gariyaband (C.G.) ... Respondent(s) For Applicant(s)
Legal Reasoning
material available in the charge sheet which prima facie shows that the applicant has embezzled the amount. He later submits that the applicant has no criminal antecedent and he is in jail since 27.07.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned counsel appearing for the State would 3 oppose the bail application and also endorse the said submission that the applicant has no criminal antecedent. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Perusal of record shows that the complainant Gajenda Singh Dhruv (Block Medical Officer) lodged the complaint on 18.05.2024 stating that the applicant and 10 other co-accused persons have between the financial year 2016-17 to 2019-2020 being an employee of Health Department, District-Gariyaband (C.G.) by creating a forged document committed misappropriation of funds/embezzlement of Rs. 3,13,43,971/-. The FIR was registered against the 11 accused persons and during the course of investigation police found that the present applicant has committed embezzlement of Rs. 50,000/- out of Rs. 2,44,306/-. The applicant has no criminal antecedents and he is in jail since 27.07.2024 and has remained behind bars around 8 months. The charge sheet has already been filed on 22.08.2024 and since then the charges have not been framed yet. Therefore, there is no progress in trial. Also, the other co-accused Gevarchand Kurre has been enlarged on bail by this Court vide its order dated 08.11.2024 in M.Cr.C. No. 6992 of 2024. 7. Therefore, taking into consideration the entire facts and circumstances of the case, and the fact that and there is no further progress in trial on further the conclusion of the trial may take some more time, I am inclined to allow the present bail application. 4 8. Let the applicant- Lukesh Kumar Chaturvedani, involved in Crime No. 54/2024 registered at Police Station Mainpur, District Gariyaband (C.G.), for the offence punishable under Section 120- B, 409, 420, 467, 468 and 471 of IPC be released on bail on his furnishing a bond of Rs. 10,000/- with one surety 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 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 sufficient cause, the trial court may proceed against them under Section 269 of Bhartiya Nyay Sanhita, 2023 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of 5 BNSS, is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of Bhartiya Nyaya Sanhita, 2023. (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 BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 9. However, this Court hopes and trusts that the if the charge sheet is submitted against the applicant, the Trial Court shall make an earnest endeavour to conclude the trial expeditiously as soon as possible in accordance with law, if there is no legal impediment. 10. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) JUDGE Madhurima
Arguments
: Mr. Ravindra Sharma, Advocate For Respondent(s) : Mr. Jitendra Shrivastava, G.A. Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 08/05/2025 1. This is the Third bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 54/2024 registered at Police Station-Mainpur, District Gariyaband (C.G.) under Sections 120-B, 409, 420, 467, 468 and 471 of IPC. 2. The case of the prosecution, in brief, is that the complainant 2 Gajenda Singh Dhruv (Block Medical Officer) lodged the complaint on 18.05.2024 stating that the applicant and 10 other co-accused persons have between the financial year 2016-17 to 2019-2020 being an employee of Health Department, District- Gariyaband (C.G.) by creating a forged document committed misappropriation of funds/embezzlement of Rs. 3,13,43,971/-. The FIR was registered against the 11 accused persons and during the course of investigation police found that the present applicant has committed embezzlement of Rs. 50,000/- out of Rs. 2,44,306/- and filed the charge sheet on 22.08.2024. 3. Learned Counsel for the applicant submits that the applicant has been falsely implicated in the alleged crime, he has not committed any offence as alleged against him. The applicant was working as Assistant Grade II and he has already deposited the amount which was allegedly withdrawn by the applicant. The applicant has not forged any document and thus not committed misappropriation of funds/embezzlement. The charge sheet has already been filed on 22.08.2024. There is no incriminating