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MCRCA Nos.178 of 2021 and 281 of 2021

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

Proceedings through video conferencing

MCRCA No. 178 of 2021

• Omprakash Patel S/o Shri Janardhan Patel Aged About 31 Years

R/o Village Chandan, Thana Rajadeori, District Balodabazar

Bhatapara Chhattisgarh.

---- Applicant

Versus

• The State of Chhattisgarh Through The Station House Officer,

Police Station Rajadeori, District Balodabazar Bhatapara

Chhattisgarh.

---- Respondent

MCRCA No. 281 of 2021

• Sushil Patel S/o Shri Goverdhan Patel Aged About 48 Years R/o

Village Devrum, Thana Rajadeori, District Baloda Bazar-

Bhatapara Chhattisgarh.

---- Applicant

Versus

• The State of Chhattisgarh Through The Station House Officer,

Police Station Rajadeori, District Baloda Bazar-Bhatapara

Chhattisgarh

---- Respondent

For Applicants

-

Shri Sunil Sahu, Advocate.

For Respondent/State

-

Shri Vimlesh Vajpayee, Government

Advocate.

Hon'ble Shri Justice Prashant Kumar Mishra, Ag. Chief Justice

Order On Board

02/07/2021

1.

Since both the bail applications are arising out of same crime

number i.e. 51/2019 they are being considered and decided by

this common order.

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MCRCA Nos.178 of 2021 and 281 of 2021

2.

The present applicants have preferred these second bail

applications for grant of anticipatory bail, as they apprehend

their arrest in connection with Crime No.51/2019, registered at

Police Station Rajadeori, District Balodabajar-Bhatapara (CG) for

offence punishable under Section 120 (B), 320, 467, 468, 471 of

the Indian Penal Code.

3.

The first bail application of the applicants has been dismissed as

withdrawn with liberty to file the same before the Sessions Judge.

4.

Applicant Omprakash Patel in MCRCA No.178/2021 along with

co-accused/ applicant Sushil Kumar Patel in MCRCA No. 281 of

2021, President of the Krishi Shaakh Samiti; Fagulal Bariha,

Manager; Mithlesh Nayak, Kendra Prabhari, Golajhar and Suresh

Kumar Nayak, Computer Operator, Dewri Nagedi have

interpolated the Rin Pustika of 32 farmers to purchase inflated

quantity of paddy thereby caused loss to the tune of

Rs.1,25,00,000/- in the year 2012-13 and Rs.1,41,00,000/- in the

year 2013-14.

5.

Admittedly, co-accused Mithlesh Nayak has already been

released on anticipatory bail in MCRCA No.696/2020 and Suresh

Nayak has been released on anticipatory bail in MCRCA No.95 of

2021.

6.

In view of release of similarly placed co-accused persons on

anticipatory bail, the applicants are also entitled to release on

anticipatory bail.

7.

Accordingly, both the applications are allowed and it is directed

that in the event of arrest of the applicants, they shall be released

on anticipatory bail on each of them executing a personal bond

for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one

surety in the like sum to the satisfaction of the arresting officer

with the following conditions:-

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MCRCA Nos.178 of 2021 and 281 of 2021

•

they shall make themselves available for

interrogation by a police officer as and when

required;

•

they 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 from disclosing such facts to the

Court or to any police officer.

•

they shall not influence the witnesses during

pendency of the trial.

SD/-

(Prashant Kumar Mishra)

Acting Chief Justice

Amardeep