Buddheshwar Prasad Ratre v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5544 of 2015 Buddheshwar Prasad Ratre S/o Samay Lal Ratre Aged About 52 Years Project Manager, Kondagaon, Presently R/o Tahsil Para, Kondagaon, Distt. Kondagaon Chhattisgarh ---- Applicant

Versus

State Of Chhattisgarh Through : S. H. O. Kondagaon, Distt. - Kondagaon Chhattisgarh ___________________________________________________ For applicant - Shri Rajeev Shrivastava, Advocate. For Respondent/State - Shri Ramakant Mishra, Dy.G.A. Hon'ble Shri Justice Goutam Bhaduri Order 26/10/2015 1.

The applicant has preferred this application for grant of bail as he is arrested in connection with Crime No. 329/2015 registered in Police Station Kondagaon, Dist. Kondagaon (C.G.) for offence punishable under section 409, 420, 467, 471 and 468 of IPC.

2.

According to the prosecution story present applicant was Project Manager and without any work done for the MNREGA an amount of Rs.1,21,30,000/- was paid to NGO who was granted work to execute MNREGA work and when the matter came to fore it was reported. 3.

Learned counsel for the applicant submits that as per work of the applicant he was not entitled to issue cheque, cheque was signed by the collector and the applicant and on the work done on the ground level the amount is paid, therefore petitioner cannot be held solely responsible for

the same. He submits that charge sheet has been filed and applicant is in jail since 1/07/2015, therefore he may be enlarged on bail. 4.

Learned State counsel opposes the prayer for grant of bail and submits that applicant was in-charge as project officer and at his instance payment is made.

5.

I have heard learned counsel for the parties. 6.

Having regard to the fact that charge sheet in this case has been filed and according to the prosecution amount paid of Rs.1,21,30,000/- only work of Rs.65 lakhs was done, considering the fact offences are triable by JMFC and charge sheet has been filed, applicant is in jail since 1/07/2015 , this court is inclined to release the applicant on bail. 7.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on his furnishing personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of concerned trial court for his regular appearance before it as and when directed. Certified copy as per rules.

Sd/- (Goutam Bhaduri) JUDGE gouri