High Court Of ChhattisgarhMCRC/4472/2021allowed

Sachin Kumar Mishra @ Kapil Mishra v. Central Bureau Of Investigation

2021-08-18Hon'Ble The Acting Chief Justice2 pages

MCRC No. 4472 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Proceedings through video conferencing MCRC No. 4472 of 2021

1. Sachin Kumar Mishra @ Kapil Mishra S/o Late Bhagwan Das Mishra (Wrongly Mentioned As Bhagwat Das) Aged About 39 Years R/o Ward No. - 3, Near Bade Jain Temple, Tal Darwaja, P.S.-Kotwali, DistrictTikamgarh (Madhya Pradesh), District : Tikamgarh, Madhya Pradesh ---- Applicant

Versus

1. Central Bureau of Investigation Through - Head of Branch C.B.I., A.C.B. Branch, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh ---- Respondent _____________________________________________________ For Applicant - Shri Vivek Sharma, Advocate.

For Respondent - Shri Ramakant Mishra, Asst. Solicitor General. Hon'ble Shri Prashant Kumar Mishra Ag. Chief Justice Order on Board 18-08-2021

1. Heard.

2. The applicant has preferred the first bail application under Section 439 of the Cr.P.C., as he has been arrested in connection with Crime No.RC1242017A0005/17, registered at Police Station - C.B.I. ACB, Raipur Branch (C.G.) for the offence punishable under Section 120 B, 420, 201, 467, 468, 471, 477-A, 409 of the Indian Penal Code & Section 13(2) r/w Section 13(1) (C) & (d) of the Prevention of Corruption Act.

3. The present applicant alongwith co-accused Bhartendu Kumar Jha has

MCRC No. 4472 of 2021 allegedly misappropriate Rs.78,14,292/- belonging to Navodaya Vidhyalaya, Malhar, Bilaspur (C.G.). The present applicant was working as U.D.C. in the said school.

4. Shri Ramakant Mishra, learned counsel for the Central Bureau of Investigation (C.B.I.) would oppose the prayer for grant of bail. However, he would not dispute that the co-accused Bhartendu Kumar Jha has already been released on bail in MCRC No.1859/2021.

5. Considering that the co-accused has already been released on bail; the present applicant is in jail since 10-06-2021 and the charge sheet has already been filed, I am inclined to release the applicant on bail.

6. Accordingly, the bail application is allowed and the applicant is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.

SD/- (Prashant Kumar Mishra) Acting Chief Justice Amardeep