Allowed

Shashank Shastri v. State of Chhattisgarh

Chhattisgarh HC13 Jun 2023MCRCA/139/2023

Case brief

AI extract

What is this about?

Hearing an anticipatory bail application filed by Shashank Shastri, accused in an offence of cheque forgery and cheating, the High Court of Chhattisgarh allowed the application, directing the applicant to execute a personal bond and comply with standard bail conditions.

What did the court decide?

Application allowed; applicant directed to execute a personal bond of Rs. 50,000/- and released on bail subject to specific conditions.

Shashank Shastri Vs State of… — Contract and Commercial Disputes | Chhattisgarh HC (2023)

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Page 1 of 3

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRCA No. 139 of 2023

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Shashank Shastri, S/o Janki Prasad Shastri, Aged About 39 Years, R/o 42/1052, Ward No. 42, Bhaima Nagoi Road, Devendra Nagar, Face-2, Bilaspur, Chhattisgarh.

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	--- Applicant Versus
State of Chhattisgarh, Thro City Kotwali, District- Bilasp	ugh Station House Officer, Police Station ur, Chhattisgarh. --- Respondent
______________________ For Applicant :	__________________________________ Mr. Malay Shrivastava, Advocate.
For State/ Respondent :	Mr. Lalit Jangde, Dy. Govt. Advocate.

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State of Chhattisgarh, Through Station House Officer, Police Station City Kotwali, District- Bilaspur, Chhattisgarh.

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Hon'ble Shri Justice Narendra Kumar Vyas

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Order on Board

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13/06/2023

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This is first bail application filed under Section 438 of the Cr.P.C. in connection with Crime No. 478/2022 registered at Police Station City Kotwali, Bilsapur, District- Bilaspur (C.G.) for offence punishable under Section 420, 409, 467, 468, 471, 109, 120(B) of the IPC.

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As per the prosecution story, Khushboo Sharma was posted as Bank Clerk cum Computer Operator in Jila Sahkari Kendra Maryadit Bank, Branch Mandi Chowk, Bilaspur. Earlier she was posted as Cashier. She misappropriated Rs.80 lacs from the Bank. The Branch Manager of the Bank, namely, Hitesh Saluja lodged a written complaint on 09.12.2022 and on the basis of the complaint made by the Branch Manager the FIR was registered. Main culprit, namely, Khushboo Sharma was arrested by the police and in her memorandum statement she has stated that the co-accused, who are her father-in-law and mother-in-law, had insisted her to commit such offence.

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Learned counsel for the applicant would submit the applicant has been arrayed as accused on the basis of the memorandum

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Page 2 of 3

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statement of main accused Khushboo Sharma. He would further submit that the present applicant is not beneficiary and the allegation against him is of abetment. He would further submit that not a single penny has been deposited in his account. He would pray for grant of anticipatory bail to the applicant.

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On the other hand, learned counsel for the State would oppose the application.

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I have heard learned counsel for the parties and perused the case diary.

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From the case diary, it appears that Khushboo Sharma who was posted as Bank Clerk cum Computer Operator in Jila Sahkari Kendriya Maryadit Bank Branch Mandi Chowk, Bilaspur who misappropriated Rs.80 lacs. On the basis of her memorandum statement present applicant has been arrayed as accused person, though he is not beneficiary. Further, considering the role played by him, I am inclined to allow this application filed under Section 438 of the Cr.P.C.

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Accordingly, the anticipatory bail application is allowed. It is directed that in the event, the applicant executing a personal bond for a sum of Rs.50,000/- to the satisfaction of the concerned arresting officer, he shall be released on bail, on following conditions:-

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

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

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

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

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Page 3 of 3

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The observation made in the course of this order are only for considering the case of applicant on the application for grant of anticipatory bail. The concerned trial Court shall not be influenced or bound by the observation made in the course of this order.

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Certified copy as per rules.

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Sd/(Narendra Kumar Vyas) Judge

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Arun

Shashank Shastri v. State of Chhattisgarh

Case brief

What is this about?

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Shashank Shastri v. State of Chhattisgarh

Case brief

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What did the court decide?

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