Paitrush Triki v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 4016 of 2017 • Paitrush Triki S/o Shri Franshish Triki, Assistant Account Officer, Chhattisgarh Civil Supplies Nigam Bilaspur, Chhattisgarh. R/o V.I.P. City House No. 03, Rajiv Vihar Lingyadi, Bilaspur, Chhattisgarh. ---- Applicant

Versus

• State Of Chhattisgarh Through Anti Corruption Bearu Unit Raipur, Chhattisgarh.

---- Non-applicant For Applicant - Shri Ashutosh Trivedi, Advocate. For Non-applicant/State - Shri Om P. Sahu, Govt. Advocate. Hon'ble Shri Justice Chandra Bhushan Bajpai Order on Board 25-07-2017 1.

Heard the matter finally.

2.

Learned counsel for the applicant would submit that the applicant held arrested in connection with Crime No.32/2013 on 29-05-2017 by State Bureau of Investigation of Economic Offences and Anti Corruption Bureau Unit Raipur, C.G. for the offence under Section 13(1)(e) and 13(2) of Prevention of Corruption Act, 1988 (in short 'Prevention of Corruption Act'). After investigation police had filed the charge sheet which is pending before the Special Judge under Prevention of Corruption Act, Bilaspur, C.G. as Special Criminal Case No.04/2017. Learned counsel for the applicant would submit that there are allegations regarding the disproportionate property other than the known source of income between period 01-07-1997 till date of incident, i.e., 20 September 2013 for Rs.88,63,031/-. In the charge sheet total number of witnesses cited are 42.

The trial may take some time. During investigation, the investigating agency not included the income for some property who were included in the list of disproportionate property, also ancestral property is included as the property in possession beyond known source of income. The applicant is a Government employee. He will not abscond. He may be granted bail till trial.

-23.

Per contra, learned counsel for the non-applicant/State opposed the argument advanced on behalf of the applicant on the basis of quantity of disproportionate property from the known source found in possession of the applicant.

4.

Perused the entire material.

5.

Looking to the disproportionate property surfaced during the investigation, I am not inclined to grant bail to the applicant. Consequently, the instant MCRC is hereby dismissed.

Sd/- (Chandra Bhushan Bajpai) Judge Aadil