Allowed

Gopal Krishna Mishra v. State of Chhattisgarh

Chhattisgarh HC1 Mar 2023MCRCA/209/2023

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed two anticipatory bail applications under Section 438 CrPC filed by government servants accused of cheating due to inadvertent bank transfers.

What did the court decide?

Bail applications allowed; execution of personal bond of Rs.50,000 each with one surety required upon arrest.

What the court decided

Gopal Krishna Mishra Vs State of Chhattisgarh — Anticipatory Bail | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.(A) No. 209 of 2023

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Gopal Krishna Mishra S/o Late Shri Ravishankar Mishra Aged About 61 Years R/o ITI Chowk Korba, District- Korba (C.G.)

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---- Applicant

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Versus

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State Of Chhattisgarh Through Police Station-Civil Line Rampur, District Korba (C.G.)

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---- Respondent

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And

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M.Cr.C.(A) No. 256 of 2023

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Suresh Kumar Pandey S/o Gangaram Pandey, Aged About 59 Years R/o I.T.I Chowk Korba, District : Korba, Chhattisgarh

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---- Applicant

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State Of Chhattisgarh Through Police Station Civil Line Rampur, District : Korba, Chhattisgarh.

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---- Respondent

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For the Applicants : Shri Arvind Dubey, Advocate. For the Respondent/State : Shri Avinash Mishra, G.A.

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Hon'ble Shri Justice Rakesh Mohan Pandey ORDER

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01.03.2023

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Heard.

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Both the bail applications are being decided by this common order as they arise out from same crime number. These are the first bail applications under Section 438 of Cr.P.C. filed by the applicants for grant of anticipatory bail, who are apprehending arrest in connection with Crime No.33 of 2023 registered at Police Station – Civil Line Rampur, Korba, for the offence

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punishable under Section 409 read with Section 34 of the Indian Penal Code.

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As per prosecution story, applicant – Gopal Kirshna Mishra in M.Cr.C. (A) No.209 of 2023 at the relevant time was posted as Chief Executive Officer of Janpad Panchayat, Korba and applicant – Suresh Kumar Pandey in M.Cr.C.(A) No.256 of 2023 was posted as Assistant Grade-II in the same institution. On 8.3.2022, due to inadvertence, Rs.2,00,000/- was transferred in the account of Gopal Krishna Mishra and Rs.1,50,000/- was transferred in the account of Suresh Kumar Pandey. Article of charge was issued by the department to both the applicants and thereafter, FIR was lodged on 3.2.2023 for commission of offence as mentioned above.

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Learned counsel for the applicants would submit that when the present applicants came to know about mistake, they deposited the amount alongwith interest in the account of Janpad Panchayat. He would further submit that the applicants are Government servants and on account of some inadvertence the above stated amount was deposited in their account. He would pray for grant of anticipatory bail to the present applicants.

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On the other hand, learned counsel for the State opposes the bail applications and the arguments submitted in this respect.

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I have considered the rival submissions of the parties and perused the case-diary.

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From the case-diary, it appears that the present applicants are Chief Executive Officer and Assistant Grade-II in the Janpad Panchayat, Korba. On 8.3.2022, an amount of Rs.2,00,000/- was transferred in the account of Gopal Krishna Mishra and Rs.1,50,000/- was transferred in the account of Suresh Kumar Pandey. It is not in dispute that the amount has been refunded by the present applicants on 12.10.2022 and the documents in this regard are part of the case-diary. Further, considering the fact that the applicants are Government servants, I am inclined to allow the bail application filed by the applicants in both the cases.

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Accordingly, the bail applications filed by the applicants under Section 438 of Cr.PC. are allowed . It is directed that in the event of arrest of the applicants in connection with the aforesaid offences, they shall be released on bail by the Officer arresting them on each of them executing a personal bond in sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned Investigating Officer. They shall also abide by the following conditions:

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'(i) that the applicants shall make themselves available for interrogation before the Investigating Officer as and when required;

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(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 them from disclosing such facts to the Court or to any police officer;

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

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(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.'

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

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Sd/-

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(Rakesh Mohan Pandey) Judge

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Nimmi

Gopal Krishna Mishra v. State of Chhattisgarh

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Gopal Krishna Mishra v. State of Chhattisgarh

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