Surendra Kumar Pradhan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.(A) No. 1021 of 2018 Surendra Kumar Pradhan S/o Late Shouki Lal Pradhan Aged About 49 Years R/o- Village- Kotarlia, Tahsil And District- Raigarh, Civil And Revenue District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh. ---- Applicant

Versus

State Of Chhattisgarh Through- Police Station- City Kotwali, Raigarh, District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh. ---- Respondent For the Applicant :

Shri Manoj Kumar Sinha, Advocate.

For the Respondent/State :

Shri Lav Sharma, P.L.

Hon'ble Shri Justice Rajendra Chandra Singh Samant

ORDER

12.09.2018 1.

Heard on application under Section 438 of the Code of Criminal Procedure, 1973.

2.

This is the first bail application filed under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail to the applicant who is apprehending arrest in connection with Crime No. 957 of 2018, registered at Police Station - City Kotwali, Raigarh, District - Raigarh, Chhattisgarh for the offences punishable under Section 420 of the Indian Penal Code. 3.

It is submitted by counsel for the applicant that the applicant has been falsely implicated in this case. The applicant has not been benefited in any manner in the matter of allegation that has been made against him. Hence, it is prayed that the applicant be benefited with grant of anticipatory bail.

4.

Learned State counsel opposes the bail application and the submissions made in this respect.

5.

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

Complainant - Smt. Runa Thawait, the Officer of CSPDCL has lodged FIR against the applicant that the applicant in capacity of meter reader has not accordingly done the meter-reading and billing of the customers of the Electricity Company and thus, has caused loss of an amount of Rs.50,00,000/- to the CSPDCL.

7.

After due consideration on all the material present in the case-diary, as it appears that it is not a case of the complainant that the applicant himself has received an amount of Rs.50,00,000/-, I am of the considered opinion that the applicant deserves to be released on anticipatory bail. 8.

Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail by the Officer arresting him on executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating Officer. The applicant shall also abide by the following conditions: '(i) that the applicant shall make himself available for interrogation before the Investigating Officer as and when required; (ii) that the 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 them from disclosing such facts to the Court or to any police officer; (iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that 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.'

Sd/- (Rajendra Chandra Singh Samant) Judge Nimmi