Gyaneshwar Sahu & ANR. v. State Of Chhattisgarh,

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No.440 of 2020

1. Gyaneshwar Sahu, S/o Late Babulal Sahu, Aged About 27 Years, R/o Village - Gadhadih, Police Station - Parpodhi, District - Bemetara, Chhattisgarh

2. Gajadhar Singh, S/o Sadhuram Verma, Aged About 28 Years, R/o Village - Luk, Post - Sahaspur, Police Station - Parpodhi, District - Bemetara, Chhattisgarh ---- Applicants

Versus

• State Of Chhattisgarh, Through Police Station - Parpodhi, District - Bemetara, Chhattisgarh ---- Respondent For Applicant Shri Shobhit Koshta, Advocate For Respondent Ms. Sunita Jain, GA Proceeding through Video Conferencing Hon'ble Justice Shri Prashant Kumar Mishra Order On Board 01/07/2020 1.

The applicants have preferred this bail application under Section 438 of CrPC, as they are apprehending their arrest in connection with Crime No.13/2020, registered at Police Station Parpodhi, District Bemetara, for the offence punishable under Sections 419, 420, 467, 468, 471 & 120-B of IPC.

2.

The applicants are Samiti Prabhari and Fund Prabhari of the concerned Cooperative Society, wherein 6517 Katta paddy was found in excess than the official records. It is also stated by learned State counsel that the signatures of the agriculturist were

not tallying on some papers 3.

The applicants have explained that the verification was made before the computer system could be updated for making entry of the paddy found in the stock of the society. It is thus argued that there is no fraud, cheating or misappropriation, but it only involves delay in making the entry in the computer system. 4.

Considering that three co-accused have already been allowed anticipatory bail by the Sessions Court and the present applicants have also been allowed interim bail vide order dated 17.03.2020, this Court is inclined to admit the applicants to anticipatory bail. 5.

Accordingly, the bail application is allowed and it is directed that in the event of arrest of the applicants, they shall be released on anticipatory bail on each of them executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the Arresting Officer with the following conditions:- (i) they shall make themselves available for interrogation by a police officer as and when required.

(ii) they 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 facts to the Court or to any police officer.

(iii) the applicants shall not influence the witnesses during pendency of the trial.

Sd/- Prashant Kumar Mishra Judge Nirala