Mahesh Kumar Ratre v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 909 of 2015 • Mahesh Kumar Ratre S/o Late Shri Nandram Ratre Aged About 40 Years R/o Jhumka, P.S. - Sarsiva, Tahsil Bilaigarh, District - Balodabazar - Bhatapara (Chhattisgarh).

---- Petitioner

Versus

• State Of Chhattisgarh Through : Station House Officer, P.S. Sarangarh, District - Raigarh (Chhattisgarh). ---- Respondent For applicant Shri Raghvendra Pradhan, Advocate For Respondent/State Shri Satish Gupta, GA Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board By 21/09/2015 1.

This application under Section 438 of Cr.P.C. has been filed by the applicant apprehending his arrest in connection with Crime No.22/2015, registered in Police Station Sarangarh, District Raigarh, for alleged commission of offence under Sections 406 and 409 read with Section 34 of the IPC.

2.

The case of the prosecution, in brief, is that the applicant gave aggregate valuation of various civil works carried under his supervision, which led to submission of incorrect bills and payment of huge amount causing loss to the public exchequer.

3.

Learned counsel for the applicant submits that the work has been found to complete, the inspection, which has been carried out by the team, is not reliable. It is submitted that one of the senior officers i.e. SDO is also involved, but no action has been taken against him. 4.

On the other hand, learned State counsel opposes and submits that the statement of the prosecution witnesses, who have carried out the valuation of the work and compared that with the technical report submitted by the applicant, have clearly stated that highly aggregated valuation was given by him.

5.

Taking into nature of allegation, no case for grant of anticipatory bail is made out. Accordingly, the bail application is dismissed. Sd/- (Manindra Mohan Shrivastava) Judge Nirala