Anshu Prasad v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4468 of 2019 • Anshu Prasad S/o Mohan Prasad, Aged About 28 Years, R/o Mahatma Gandhi Ward 23, Pathakheda, Tahsil Ghedadongari, District- Baitul, Madhya Pradesh............(Present Address- Hirri Mines, P.S. Chakarbhatha, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh ---- Applicant

Versus

• State of Chhattisgarh Through Station House Officer, Police Station Bhatapara (City), District- Baloda Bazar, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ----Non-applicant For Applicant - Shri Gurudev I. Sharan, Advocate. For Non-applicant/State - Shri Adil Minhaj, Govt. Advocate. Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board 14-08-2019 1.

Heard on the application filed under Section 439 of the Cr.P.C. This is first bail application before this Court filed by the applicant for grant of regular bail. The applicant has been arrested on 27-04-2019 in connection with Crime No.274/2018 registered at P.S. - Bhatapara (City), District Baloda Bazar, Chhattisgarh for the offence under Section 420, 467, 468, 471, 201, 406, 34 of the IPC.

2.

It is submitted on behalf of the applicant that the applicant has been falsely implicated in this case. He is in jail since 27-04-2019. Investigation has been completed and charge sheet has been filed. This applicant has not committed any offence. Similarly placed co-accused persons have been enlarged on bail by this Court. Therefore, it is prayed that this applicant may also be granted bail.

3.

Learned counsel for the State/non-applicant opposes the application submitting that this applicant happens to be the main accused in this case who was responsible for approval of loan to various self help groups and which

-2were later on embezzled by this applicant along with other co-accused persons.

4.

Heard learned counsel for the parties and perused the case diary. 6.

The case of the prosecution is this, that this applicant who happened to be Manager of Spandana Sphoorty Financial Limited, Bhatapara in collaboration with co-accused Mukesh Patel, Sanjay Chouhan and Gokul Prasad Kewat approved loans from the bank in favour of 208 women groups which were never received by the said groups and the amount of Rs.46, 38,537/- was embezzled. Hence, this case.

7.

Considering that similarly placed co-accused persons have been granted bail and further the case is now pending for trial which is likely to take some time, therefore, I feel inclined to allow this application. 8.

Consequently, this application filed by the applicant under Section 439 of the Cr.P.C. for grant of regular bail is hereby allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Court, for his appearance as and when directed. 9.

Certified copy as per rules.

Sd/- (Rajendra Chandra Singh Samant) Judge Aadil