Shivram vs State Of Chhattisgarh

This application under Section 438 of the Code of Criminal Procedure has been filed by the accused/applicant for grant of anticipatory bail in connection with Crime No.149/2022 registered at Police Station Surajpur, District Surajpur for the offence punishable under Sections 420, 409/34 & 120-B of IPC.

Allegation against the present applicant is that he along with other co-accused embezzled the amount to the tune of Rs.41,70,642/-and caused huge loss to the Paddy Procurement Centre, Maani during the procurement of paddy in the marketing year 2021-22.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submit that no loss has been caused in the concerned paddy procurement society and Nodal Officer, District Cooperative Central Bank, Surajpur has forwarded a letter to the Collector (Food Department), Surajpur on 11.10.2022 stating that no loss has been caused to the government and also to take necessary steps for cancellation of FIR. Copy of said letter is annexed with the petition. He also submit that regular bail has been granted to the other co-accused in MCRC No.9788/2022 and MCRC No.627/2023 by the co-ordinate Bench of this Court vide order dated 17.02.2023. He also submit that tripartite agreement was executed between the officers of the concerned department, according to which, if any dispute arises regarding the transactions or management, then the matter would be referred to the District Collector, however, said procedure was not followed prior to the lodging of FIR. He lastly submit that no irregularity or loss has been caused to the government because of the applicant, therefore, the applicant may be enlarged on anticipatory bail.

Per contra, learned State counsel opposes the bail application and submits that as per case diary, 3 previous criminal antecedents of preventive action has been registered against the applicant.

Having considered the submission of learned counsel for the parties, considering the facts and circumstances of the case, further considering the nature of accusation, particularly considering the letter dated 11.10.2022 forwarded by the District Cooperative Central Bank for cancellation of FIR, this Court finds present to be a fit case for grant of anticipatory bail to the applicant.

Accordingly, application is allowed. It is directed that in the event of arrest of the applicant, on furnishing a personal bond in the sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail, on the following conditions:-

(a) he shall make himself available for interrogation by a police officer as and when required,

(b) 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 from disclosing such fact to the Court or to any police officer,

(c) he shall not act in any manner which will be prejudicial to fair and expeditious trial,

(d) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial,

(e) he shall not involve himself in any offence of similar nature in future.