Raipur Chhattisgarh v. State Of Chhattisgarh Through Station House Officer, Police Stati
Case Details
1 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.17 18:35:28 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR 2025:CGHC:24698 NAFR MCRC No. 4480 of 2025 Aman Agrawal S/o Shri Jugal Kishore Agrawal Aged About 28 Years R/o Avinash Ashiyana, Block-F 505, Police Station - Kabir Nagar Raipur District - Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Saraswati Nagar Raipur, District Raipur Chhattisgarh ... Respondent For Applicant
Legal Reasoning
: Smt. Fouzia Mirza, Sr. Advocate with Shri Ali Afzaal Mirza, Advocate. For : Shri S.S. Baghel, Dy.G.A. Respondent/State Hon'ble Mr. Ramesh Sinha, Chief Justice 16/06/2025 Order on Board 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.02/2025 registered at Police Station Saraswati Nagar Raipur, District - Raipur (C.G.) for the offence punishable under Sections 408, 34 of I.P.C. 2. Case of the prosecution, in brief, is that, the complainant Satish Singh 2 Gour who is accountant in the Firm M/s Kailash Agrawal lodged her complaint against the co-accused Amit Agrawal and others stating that the co-accused Amit Agrawal is looking after the purchase of the construction material for the last 4 to 5 years and after sometimes he has opened another firm in the name of Aman Traders and prepared fake orders of Cement, Sand, Iron Pipe, Bricks and other construction materials and used to make orders for the construction materials and by preparing bill in the name of Aman Traders used to get the money deposit in the account of Aman Traders in HDFC Bank, in this manner he has embezzled an amount of Rs. 45 Lacs in the last 3 to 4 years, the embezzlement caused by him came to fore on matching the ledgers of the company. The co-accused in this way have caused a wrongful financial loss to the company and have maligned the reputation of the company, apart from this the co-accused Amit Agrawal has purchased the construction materials and have not dumped the material at the company site, but have made them pay for the purchased construction material, thus despite he being an employee of the company have opened a another company and have deposited the amount in the account. On the above complaint the FIR has been registered and after completion of the investigation the charge sheet has been filed. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. She would submit that all the allegations as per the complaint is against the co- accused Amit Agrawal and the present applicant has been implicated in the crime, because the company Aman Traders has been opened in the name of the present applicant, which is a fake company and the 3 applicant is not the employee of M/s Kailash Agrawal and is working as Accessories Manager in SKY Automobile, which is owned by Uncle Arun Singhaniya of the partner of M/s Kailash Agrawal i.e. Priyank Singhaniya and as he is working in SKY Automobile for last 12 years certain amount has been deposited in the account of the present applicant and has been withdrawn by the employer and his staff. She would further submit that from the perusal of the statement of account of Aman Agrawal it is evident that there are banking transaction between Aman Agrawal with M/s Kailash Agrawal since 2021 and the invoices attached with the charge sheet shows that it is within the knowledge of the complainant company and the amount is being deposited and withdrawn from the account of Aman Agrawal. She would submit that statement of account of the present applicant shows that personal banking transaction and there is no transaction being done with respect to M/s Kailash Agrawal in order to show that any amount has been fraudulently deposited in the account of the present applicant and as per the documents annexed with the charge sheet the fake company Aman Traders deals in manufacture of Fly Ash Bricks and as per the statement of the account of Aman Agrawal, which pertains to the Year 2022 itself shows that there is business transaction with M/s Kailash Agrawal and thus it is evident that the complainant was well aware of the business of Banking Transaction with Aman Agrawal. She would submit that though the crime has been committed in the year 2021 to 2024 the FIR has been registered on 01.01.2025 by the Accountant of the M/s Kailash Agrawal i.e. Satish Singore and not by the partner of the company which shows the involvement of the partners of the company for getting Tax benefit as well as for getting 4 wrongful gain from the government department, wherein they were given contract for construction, the perusal of the statement of account of the co-accused Amit Agrawal shows that the amount has been deposited of the project being done in Basna and the complainant was well aware of the fact that the account being used by the staff of the company for the payment on various head. She would submit that the applicant and his brother the co-accused on account of some personal reasons, when left their job, the partners of M/s Kailash Agrawal through their employees lodged false report against the present applicant and his brother. She would submit that the applicant is in jail since 06/03/2025, charge sheet has been filed and conclusion of trial will take some time, therefore, she prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He would submit that there is no previous criminal antecedent against the present applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, considering the fact that there is no previous criminal antecedent against the present applicant, period of detention of the applicant since 06/03/2025, charge sheet has been filed and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Aman Agrawal, involved in Crime No.02/2025 5 registered at Police Station Saraswati Nagar Raipur, District - Raipur (C.G.) for the offence punishable under Sections 408, 34 of I.P.C, be released on bail on his furnishing a personal bond with two 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 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 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 sufficient cause, then it shall be open for 6 the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri