SHIVRAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This application under Sec. 438 of the Code of Criminal Procedure has been filed by the accused/applicant for grant of anticipatory bail in connection with Crime No.149/2022 registered at Police Station Surajpur, District Surajpur for the offence punishable under Ss. 420, 409/34 and 120-B of IPC.

(2.) Allegation against the present applicant is that he along with other co-accused embezzled the amount to the tune of Rs.41,70,642.00and caused huge loss to the Paddy Procurement Centre, Maani during the procurement of paddy in the marketing year 2021-22.

(3.) Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submit that no loss has been caused in the concerned paddy procurement society and Nodal Officer, District Cooperative Central Bank, Surajpur has forwarded a letter to the Collector (Food Department), Surajpur on 11/10/2022 stating that no loss has been caused to the government and also to take necessary steps for cancellation of FIR. Copy of said letter is annexed with the petition. He also submit that regular bail has been granted to the other co-accused in MCRC No.9788/2022 and MCRC No.627/2023 by the co-ordinate Bench of this Court vide order dtd. 17/2/2023. He also submit that tripartite agreement was executed between the officers of the concerned department, according to which, if any dispute arises regarding the transactions or management, then the matter would be referred to the District Collector, however, said procedure was not followed prior to the lodging of FIR. He lastly submit that no irregularity or loss has been caused to the government because of the applicant, therefore, the applicant may be enlarged on anticipatory bail.