Bharat Kumar Chandra vs State Of Chhattisgarh

Since the above bail applications are similar in nature and arise out of the same chain of incidents, they are being heard and decided together by this

common order.

Applicants Rajkumar Chandra @ Raja, Dev Singh in M.Cr.C(A) No.650/2018, applicant-Bharat Kumar Chnadra in MCRC(A) No.663/2018 &

applicant-Jageshwar in MCRC(A) No.671/2018 have filed applications seeking anticipatory bail as they apprehend their arrest in connection with

Crime No.39/2018 registered at Police Station-Jaijaipur, District-Janjgir-Champa, Chhattisgarh, for the offences punishable under Sections 420, 409,

467, 468 & 120-B Indian Penal Code (for short 'IPC').

Applicant Lalit Kumar Tandon has filed M.Cr.C. No.3168/2018 seeking regular bail as he has been arrested in connection with Crime No.39/2018

registered at Police Station-Jaijaipur, District-Janjgir-Champa for the offence punishable under Sections 420,406, 467, 468, & 120-B of the Indian

Penal Code (for short 'IPC').

Learned counsels for all the applicants submitted that applicants have been falsely implicated in this case. The main allegation is although against

Lalit Kumar Tandon in MCRC No.3168/2018 according to the statement given by him before the inquiry Committee, it is clear that he was forced to

do so by the rest of the co-accused persons. On behalf of the rest of the applicants it is submitted that they have been implicated in this case only on

the basis of the statement given by main accused Lalit Kumar Tandon. Similarly placed co-accused persons namely-Ramprasad, Ramnath Chandra &

Suleman Bhagat have been granted anticipatory bail by this Court. Hence, it is prayed that all the applicants may be benefited with regular/anticipatory

bail.

Learned State counsel opposes the bail application and submissions made in this respect. It is submitted that it is a case of defalcation by

manipulation in the Paddy Procurement Centre, which is a public welfare scheme. This kind of crime affects the society at large. Hence, they are not

entitled for grant of bail regular/anticipatory.

Heard both the parties and perused the case diary.

Complainant Rohit Kumar Rathore filed a written complaint, that on inspection made in the Paddy Procurement Centre at Village-Kachanda, he

found shortage of 3732.80 quintals of paddy. A Committee was constituted for the inquiry, in which, the applicant Lalit Kumar Tandon in MCRC

No.3168/2018 gave a statement before the Committee that he was forced to issue token receipts on the basis of which the purchase price of paddy

was withdrawn by the concerned co-accused persons without supplying the paddy to the Paddy Procurement Centre, because of which the shortage

has occurred. The allegation against other applicants is similar that they forced the main accused Lalit Kumar Tandon to issue fake token receipts.

Hence, this case.

Considering on all the material present in the case diary, similarly placed co-accused persons have been granted anticipatory bail by this Court,

although it appears that Lalit Kumar Tandon is the main accused but he is in custody since 5.2.2018. Presently after filing a charge-sheet, the case is

before the trial Court because of which there appears to be no requirement of custodial interrogation of the applicants for the purpose of any

investigation pending. Hence, I am of this view that this is a fit case where the respective applications filed by the applicants are deserve to be

allowed.

Accordingly, the anticipatory bail application filed on behalf of applicants Rajkumar Chandra @ Raja, Dev Singh M.Cr.C(A) Nos.650/2018 and

applicant Bharat Kumar Chnadra in M.Cr.C(A) No.663/2018 & applicant Jageshwar in M.Cr.C(A) No.671/2018 is allowed and it is directed that in

the event of their arrest in connection with the aforesaid offences, they shall be released on bail by the officer arresting them on their executing a

personal bond in the sum of Rs.25,000/- each with one surety in the like sum to the satisfaction of the concerned Investigating Officer. The applicants

shall also abide by the following conditions :-

(i) that the applicants shall make themselves available for interrogation before the investigating officer as and when required;

(ii) that the applicants 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/her from disclosing such facts to the Court or to any police officer;

(iii) that the applicants shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and

(iv) that the applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial.

Bail application filed on behalf of applicant Lalit Kumar Tandon i.e. M.Cr.C. No.3168/18 is allowed. It is directed that the applicant shall be

released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial

Court, for his appearance as and when directed.