Rajeev Dadsena v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC (A) No. 882 of 2017 Rajeev Dadsena S/o Laxmi Prasad Dadsena, aged about 39 years R/o Purgaon, PS Bilaigarh, District Baloda Bazar (CG). -----Applicant

Versus

State of Chhattisgarh Through Station House Officer, Police Chowki, Bhatgaon, Police Station Bilaigarh, District Baloda Bazar (CG). ---- Respondent For Applicant :

Shri SK Guha, Advocate.

For Respondent :

Shri D.R. Minj, Govt. Advocate.

Hon'ble Shri Justice P. Sam Koshy Order On Board 29/11/2017

1. The applicant has filed this application for grant of anticipatory bail as he is apprehending his arrest in connection with Crime No.256 of 2015 registered at Police Chowki, Bhatgaon, Police Station Bilaigarh, for the offence punishable under Sections 420,467,468,471,120-B and 201 IPC.

2. The allegation against the applicant as per prosecution is that, the applicant in connivance with other co-accused persons is said to have released huge amount of money in the name of fake farmers to the beneficiaries.

3. According to the counsel for the applicant, the applicant has falsely been implicated in the case. Being a Cashier in the Bank, the applicant has only released the amount on the basis of papers prepared and submitted before him. It is a case where all the discrepancies and the illegalities have been done at Samiti level and the office bearers of the Samiti who have processed and prepared all the papers and scrutinized the amount payable to each farmers and it is only ultimately placed before the applicant as an employee of the Bank for releasing the

payment, as such, the applicant is not involved in the offence, and therefore he may be granted anticipatory bail.

4. Counsel for the State after perusal of the case diary is not able to show the actual role played by the applicant except for release of the money in the capacity of Cashier of the Bank.

5. Having heard learned counsel for the parties and perusal of case diary, this court does not find any illegality to have been committed by the applicant in releasing the money in the capacity of Cashier of the Bank, and therefore, this court is of the view that it is a fit case to grant anticipatory bail to the applicant. Accordingly, the application is allowed. It is directed that in the event of arrest, the applicant shall be released on bail on furnishing a bond in the sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the officer arresting him and he shall abide by all the following terms and conditions:

1. That, the accused/applicant shall make himself available for interrogation before the concerned Investigating Officer as and when required;

2. The accused/applicant 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/her from disclosing such facts to the Court or to any police officer;

3. The accused/applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and

4. The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

6. Certified copy, as per rules.

Sd/- (P. Sam Koshy) Judge inder