High Court Of ChhattisgarhMCRCA/1427/2020allowed

Vinit Jaiswal v. State Of Chhattisgarh And Another

2021-01-21Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

MCRCA No. 1427 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 1427 of 2020 Vinit Jaiswal, son of Nagendra Prasad Jaiswal, aged about 32 years, Occupation Technical Assistant, Janpad Panchayat Wadrafnagar, resident of Pandri, Police Station Raghunathnagar, District BalrampurRamanujganj (CG) ---- Applicant

Versus

1. State Of Chhattisgarh Through the Incharge, Police Chowki Balangi, Police Station Raghunathnagar, District Balrampur-Ramanujganj (CG)

2. Narad, S/o Feku Ram, aged about 28 years, R/o Village Chakdehi, Outpost Balangi, Police Station Raghunathnagar, District BalrampurRamanujganj (CG) ---- Non-Applicant For Applicant : Shri Sangeet Kumar Kushwaha, Advocate.

For Non-Applicant No.1: Shri Alok Nigam, Govt. Advocate. For Non-Applicant No.2 : Shri Keshav Prasad Gupta, Advocate. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 21/01/2021 :

1. The applicant has preferred this application for grant of anticipatory bail as he apprehends his arrest in connection with Crime No.- Complaint Case No.175/2019, registered at Police Station Police Chowki Balangi, PS Raghunathnagar, District Balrampur-Ramanujganj for offences punishable under Sections 420, 467, 468, 409, 471 and 120-B/34 of the IPC.

2. The applicant and 7 other accused persons have embezzled the funds sanctioned for construction of Toilet under the ODF Scheme under the

MCRCA No. 1427 of 2020 Janpad Panchayat Wadrafnagar.

3. Admittedly, co-accused Ved Prakash Gupta, CEO; Ashwini Tiwari, Programme Officer; Tilaso Bai, Sarpanch; Rajaram Verma, Secretary, Gram Panchayat; Ashok Singh Rojgar Sahayak and Devchand have been released on anticipatory bail vide order passed in MCRCA Nos.1882/2019, 211 of 2020 and MCrCA No.1990/2019, respectively. The present applicant was working as Technical Assistant in Janpad Panchayat, Wadrafnagar. The allegation against him is not serious than the allegation against co-accused persons who have already been released on anticipatory bail. Even otherwise, it is a private complaint lodged by the non-applicant No.2 which has given rise to the present crime.

4. Considering the entire fact situation of the case, I am inclined to release the applicant on anticipatory bail.

5. Accordingly, the application is allowed and it is directed that in the event of arrest of the applicant, he shall be released on anticipatory bail on his 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) he shall not influence the witnesses during trial. (ii) he shall make himself available for interrogation by a police officer as and when required;

(iii) 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 facts to the Court or to any police officer.

Sd/- Judge (Prashant Kumar Mishra) Barve