ESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN v. State Of Chhattisgarh Through Station House Officer, Police Station
Case Details
1 2025:CGHC:44985 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1335 of 2025 Purushottam Chandrakar S/o Chenna Chandrakar Aged About 44 Years R/o 150, Indira Gandhi Ward Bijapur (C.G.) AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station, Bijapur, District- Bijapur, (C.G.) ... Respondent(s) For Applicant(s) :
Legal Reasoning
Mr. Vaibhav P. Shukla, Advocate. For Respondent(s) : Smt. Supriya Upasane, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.09.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.52/2025 registered at Police Station Bijapur, District- Bijapur (C.G.) for the offence punishable under Section 318(4) and 3(5) of the Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Prosecution case in brief is that the upon receiving a complaint 2 regarding the purchase and payment for various items meant for hostels/porta cabins, the Collector, Bijapur, directed the Sub- Divisional Officer, Bhopalpatnam, to conduct an inquiry and submit a report. Accordingly, the Sub-Divisional Officer submitted Report No. 810/2025 dated 17.06.2025, stating that various firms had received payments without submitting supporting bills and that the items in question had not been supplied to the hostels as per the requirement or as per the bills produced. It was further opined in the report that appropriate action may be taken after obtaining explanations from the District Education Officer and the Assistant District Program Officer. It is further the case of the Petitioner that facts came to light indicating that Sanjeev Morla, Assistant Grade-II, and Purushottam Chandrakar, Assistant District Program Officer (the present Applicant), had pressurized Hostel Superintendents to process and approve payments totaling Rs.42,78,475/- without any supporting documentation or bills. Upon these facts coming to the knowledge of the authorities, the Collector, Bijapur, instructed the District Education Officer to lodge a formal complaint with the police. Consequently, the complainant, Mr. Lakhan Lal Dhanelia, submitted a complaint on the basis of which Crime No. 52/2025 was registered under Sections 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and investigation commenced accordingly. Hence, the bail application. 3. Learned counsel for the applicant would submit that the applicant 3 is innocent and has falsely been implicate in the present case. He further submits that the applicant was posted as Assistant District Program Officer (ADPO), District Bijapur, by order dated 09.01.2025 (Annexure A-2), and his joining was duly communicated to the Managing Director, Samagra Shiksha, by the District Education Officer on 20.01.2025 (Annexure A-3). However, due to a court stay obtained by the then in-charge ADPO, M.V. Rao, the applicant could assume charge only after Rao’s relieving on 13.03.2025 (Annexure A-4). As per the prosecution, the alleged payments totaling Rs.42,78,475/- were made just 6 days later, on 20.03.2025, to three local firms for 11 hostels/pota cabins without supporting bills. The applicant has already submitted a detailed explanation to the Collector, clarifying that necessary steps were being taken to collect bills from concerned firms. He also highlighted that several basic issues such as kitchen sheds, toilets, and sleeping arrangements had long been neglected and were addressed during his tenure, with funds used in good faith for the welfare of hostel residents. Supporting photographs have also been submitted. The applicant was suspended on 11.07.2025 by the Joint Director, Education Division Bastar, and is now attached to the Block Education Office, Bijapur. Hence, there is no possibility of tampering with evidence or influencing witnesses, and the applicant is fully 4 cooperating with the ongoing investigation, hence he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicant along with Sanjeev Morla (Assistant Grade-II), allegedly pressured Hostel Superintendents to process and approve payments amounting to Rs.42,78,475/- to various local firms without obtaining or verifying the necessary supporting bills or documentation. It is alleged that the items billed were either not supplied as per the requirements or not supplied at all, therefore the applicant is not entitled for grant of bail. 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, nature of dispute and material available in case diary, and the fact that though the applicant along with Sanjeev Morla (Assistant Grade-II), allegedly pressured Hostel Superintendents to process and approve payments amounting to Rs.42,78,475/- to various local firms without obtaining or verifying the necessary supporting bills or documentation, but considering the fact that the applicant has already been suspended from the service and facing departmental enquiry, further the applicant has no criminal antecedent, as such, 5 without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Purushottam Chandrakar, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, 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 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) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil