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Judgment
22 paragraphs · 373 wordsHeard.
This is an application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicant, who is apprehending
his arrest in connection with Crime No.677/2020 registered at Police Station Sarangarh, District Raigarh (CG) for the offence publishable under
Sections 409, 419, 420, 467, 468, 471/34 of the IPC.
As per the prosecution case, in the Cooperative Society namely Sewa Sahkari Samiti Maryadit, Ulkhar, misappropriation/embezzlement of paddy to
the tune of Rs.2.99 crores occurred in the year 2019-2020. In all, six accused persons namely Raju Nishad, Damrudhar Chandra, Bharat Lal Sahu,
Shiv Kumar Sahu and present applicant Ashok Kumar Chandra, have been implicated in the crime.
Admittedly, co-accused Raju Nishad and Damrudhar Chandra have been enlarged on regular bail in MCRC Nos.9317/2020 and 9229/2020
respectively. Similarly, co-accused Bharat Lal Sahu and Shiv Kumar Sahu have been enlarged on anticipatory bail in MCRCA Nos.47/2021 and
1801/2020 respectively.
Learned counsel for the State would submit that the present applicant was the senior most responsible officer of the Society being the Manager of
the Society and therefore, his role would be greater than the other accused persons, who were holding inferior post.
Considering that the allegations against all the applicants are more or less common and similar and two accused persons have already been enlarged
on anticipatory bail, I am inclined to extend the benefit of Section 438 of Cr.P.C. to the applicant also.
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
furnishing 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 make himself available for interrogation by a Police Officer as and when required;
(ii) 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
for disclosing such facts to the Court or to any Police Officer.
(iii) he shall not influence the witnesses during pendency of the trial.
Certified copy as per rules.