Allowed

Virendra Kumar Gupta v. State of Chhattisgarh

Chhattisgarh HC8 Jul 2022MCRCA/462/2022

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh granted anticipatory bail to a government employee fearing arrest for alleged electronic embezzlement from a CSC account, citing lack of overt involvement based on initial prima facie assessment.

What did the court decide?

Anticipatory bail granted via personal bond of Rs. 25,000/- with one surety, subject to five conditions including availability for interrogation and non-interference with witnesses.

Virendra Kumar Gupta Vs State of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRCA No. 462 of 2022

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Virendra Kumar Gupta S/o Late Gulab Ram Gupta Aged About 45 Years Caste-Rauniyar, Occupation- Service ( Posted As Assistant Post Master, Indian Postal Department, Branch Officer Surajpur ) R/o Surajpur, Police Station, Tehsil And DistrictSurajpur, Chhattisgarh, District : Surajpur, Chhattisgarh.

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---- Applicant

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Versus

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State Of Chhattisgarh Through The Police Station Chirmiri, District- Koriya, Chhattisgarh, District : Koriya (Baikunthpur), Chhattisgarh.

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--- Respondent

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For the Applicant :- Shri Abhishek Pandey, Advocate For the State :- Shri Kunal Das, P.L.

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Hon'ble Shri Justice Sachin Singh Rajput,

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Order on Board

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08.07.2022

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This first anticipatory bail application under Section 438 of the Code of Criminal Procedure has been filed by the accused/applicant who is apprehending his arrest in connection with Crime No. 183/2022 registered at Police Station Chirmiri, District Koriya, CG for the offence punishable under Sections 379 of IPC and Section 66C and 66D of the Information Technology Act, 2000.

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Case of the prosecution in brief is that the complainant Krishna Kumar Verma was posted on the post of Assistant Post Master in Surajpur and thereafter he was posted in Sub-Post Office Dodripara form 2018 to 2021. After his transfer an FIR was lodged by him to the effect tht some unknown person has withdrawn Rs.63,748/- between 28/02/2022 to 01/03/2022 using CSC Id and its password. Thereafter applicant was posted in the place of complainant and when he gone through the balance in CSC account, he made complaint on 06/10/2021, 07/01/2022 and 28/02/2022 to the Superintendent of Post,

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Raigarh. When no action was taken by the Superintendent of Post Raigarh, he made a complaint before the Police Station Surajpur on 12/03/2022. during investigation the statements of Krishna Kumar Verma and other witnesses have been recorded and they have named present applicant too. The police has recorded statement of Kishore Kumar Patel@ Prince, Teerath Rajwade and one juvenile Naman and police has seized one laptop from Kishore Kumar Pate and one mobile and ATM from Teerath Rajwade.

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Learned counsel for the applicant submits that there is no evidence as yet collected by the prosecution according to his knowledge, he is government employee and some embezzlement by electronic mode has taken place where the applicant subsequently posted and he is also made a complaint to the Police in this regard and when no investigation was carried out for the complaint, he was made to the higher authority he has no role to play and he is ready and willing to abide the conditions imposed by the Court while granting anticipatory bail.

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Learned State counsel opposes the application for anticipatory bail. He submits that the investigation is going on, some investigation is being carried on against the co-accused but at present name of the applicant has surface on the basis of memorandum of other coaccused, therefore, he may not be enlarged on bail.

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Heard learned counsel for both sides.

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Having considered the rival contentions and facts and circumstances of the case, considering the fact that the applicant is government servant and he is also made a complaint with regard to some embezzlement by electronic mode in the Common Service Center (CSC) and prima facie his role cannot appear to be in the overt act as his name is appearing from the memorandum statement of other co-accused, without commenting on merits, this Court finds it to be a fit case for grant of anticipatory bail to him. Accordingly, the application is allowed and it is directed that in the event of arrest of the applicant in

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connection with the aforesaid offence, he shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the arresting officer or the Court concerned, on the following conditions:-

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(a) he shall make himself available for interrogation by the concerned police officer as and when so required.

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

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

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

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(f) If any of the conditions is violated by the applicant, the victim / State / complainant will be at liberty to move an application for cancellation of bail.

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It is made clear that these observations are only for the purposes of deciding the bail application. The trial Court will decide the case on its own merits without being influenced by any observation made herein-above.

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Sd/-

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(Sachin Singh Rajput) Judge

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Kamde

Virendra Kumar Gupta v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Virendra Kumar Gupta v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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