Allowed

Nadigota Kishore @ N. Kishore v. State of Chhattisgarh

Chhattisgarh HC19 Sept 2024MCRC/6466/2024

Case brief

AI extract

What is this about?

High Court allowed a second bail application filed by an accused arrested for embezzlement and forgery offenses, directing release upon furnishing a personal bond and two sureties.

What did the court decide?

Release on bail conditioned upon a personal bond of Rs. 1,00,000/- with two sureties for the same sum, subject to strict compliance with appearance and non-reoffending conditions.

Nadigota Kishore @ N. Kishore Vs State of Chhattisgarh — Corruption | Chhattisgarh HC (2024)

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2024:CGHC:36894

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 6466 of 2024

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Nadigota Kishore @ N. Kishore S/o Shri Ramesh Nadigota Aged About 36 Years R/o Main Road Beside State Bank Of India, Bijapur District Bijapur (C.G.)

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... Applicant.

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versus

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State Of Chhattisgarh Through Police Station Bijapur, District Bijapur (C.G.)

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... Respondent

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For Petitioner : Mr. Pravin Kumar Tulsyan, Advocate. For Respondent : Mr. Pramod Ramteke, PL.

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AJAY KUMAR DWIVEDI Date: 2024.09.21 11:25:16 +0530

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Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board

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20.09.2024

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This second application under Section 483 of the BNSS, 2023 for grant of bail has been filed by the accused/applicant who has been arrested in connection with Crime No.78/2021 registered at Police Station Bijapur, District Bijapur for the offence under Sections 420, 467, 468, 409 & 247 of the IPC.

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Prosecution case, in short, is present applicant while working as a Data Entry Operator in the Labour Department along with co-accused Dilip Lambadi, Labour Welfare Inspector embezzled the money of the beneficiaries to the tune of Rs.13,32,000/- by making forge signature of

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Labour Officer and Labour Inspector and also transferred the said money into the account of his relatives.

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It is pertinent to mention here that earlier bail application filed by the applicant was dismissed by this Court vide order dated 09.08.2023 passed in MCRC No.4145/2023

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Learned counsel for the applicant submits that the applicant is innocent and has been roped in a false case. He further submits that allegation made by the prosecution is baseless. He also submits that applicant is languishing in jail since 10.02.2023, offence is triable by learned JMFC and conclusion of the trial is likely to take some more time. Therefore, considering the period of pretrial detention of the applicant, he may released on bail.

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Per contra, learned State counsel opposes the prayer for bail. However, he submits that applicant has no criminal past as per case diary.

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Having regard to the aforesaid submissions and considering the facts and circumstances of the case, particularly, considering the nature of case and keeping in view the period of pretrial detention of the applicant, I am inclined to release the applicant on bail.

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Accordingly, the application is allowed and it is directed that on applicant’s furnishing a personal bond in the sum of Rs.1,00,000/- (One Lac) with two sureties for the like sum to the satisfaction of the concerned Court, he shall be released on bail on the following conditions:-

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

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

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Sd/-

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(Deepak Kumar Tiwari) Judge

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Ajay

Nadigota Kishore @ N. Kishore v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Nadigota Kishore @ N. Kishore v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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