Allowed

Khemant Kumar Vishwakarma v. State of Chhattisgarh

Chhattisgarh HC2 Jun 2024MCRC/3625/2024

Case brief

AI extract

What is this about?

Second regular bail application by an employee accused of embezzling funds from his employer through forgery. The court noted the applicant's long pretrial detention, that the offence is triable by the JMFC, and absence of criminal antecedents, and granted bail.

What did the court decide?

Applicant to be released on bail on personal bond of Rs.25,000 with one surety in the like amount; directed to appear before the trial Court on every date.

Khemant Kumar Vishwakarma Vs State of Chhattisgarh — Cheating and Forgery | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCRC No. 3625 of 2024

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Khemant Kumar Vishwakarma, S/o Harishanker Vishwakarma, aged about 30 years, R/o Village Kodwa, P.S. Palari, District Balodabazar- Bhathapara (C.G.)

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----Applicant

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Versus

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State of Chhattisgarh, Through Station House Officer, Police Station Maudhapara, District Raipur (C.G.)

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---- Respondent

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CAUSE TITLE DOWNLOADED FROM CIS PERIPHERY

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------------------------------------------------------------------------------------------------------------------For Applicant : Mr. C.R Sahu, Advocate For State : Mr. Gary Mukhopadhyay, GA ------------------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board

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03.06.2024

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1. This is the Second application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant, who has been arrested in connection with Crime No.19/2023 registered at Police Station Maudhapara, District Raipur (C.G.) for the offence under Section 409, 420, 467, 468 & 471 of the IPC.

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2. The first bail application of the applicant was dismissed on merits, vide order dated 26.07.2023 passed in MCRC No.3740/2023.

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3. Case of the prosecution is that the present applicant is one of the employees of S & I.B. Services Limited. The said company used to provide security and cash management to

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different Government and Semi Government organizations. The said company has reported that the present applicant has embezzled an amount of Rs.35,76,752/- by way of forgery. The applicant has deposited an amount of Rs.8,30,000/-. Initially shortage of Rs.44,06,752/- was found. Based on such allegations, offence has been registered.

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4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He would submit that the applicant is in jail since 27.01.2023; the offence is triable by the JMFC; and the applicant has no previous criminal antecedent, therefore, considering all these aspects, he may be enlarged on bail.

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5. Per contra, learned counsel for the State opposes the bail application and he fairly submits that there is no criminal antecedents of the present applicant.

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6. Having considered the submissions of learned counsel for the parties and particularly considering the length of pretrial detention of the applicant and further considering that the offence is triable by JMFC and that there is no previous criminal antecedents of the applicant, I am inclined to grant bail to the applicant.

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7. Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the trial Court. He is directed

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to appear before the trial Court on each and every date given by the said Court.

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8. Certified copy as per rules. Sd/-

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(Deepak Kumar Tiwari) Vacation Judge

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Priyanka

Khemant Kumar Vishwakarma v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Khemant Kumar Vishwakarma v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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