Advocates:
['MALAY SHRIVASTAVA', '', 'RAJEEV SHRIVASTAVA', 'Avinash Choubey', 'A G', '', 'B GOPA KUMAR AS COUNSEL']

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NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRCA No. 280 of 2019

1. Hemant Kumar Yadav S/o Late Shri Sita Ram Yadav, Aged About 38

Years, R/o House No.13, Yadav Para, Village and Post Office Ghutku,

Block-Takhatpur, District Bilaspur Chhattisgarh, District : Bilaspur,

Chhattisgarh

---- Applicant

Versus

• Special Police Establishment (SPE), Central Bureau of Investigation

(C.B.I.), Anti Corruption Branch (ACB), Raipur District Raipur

Chhattisgarh, District : Raipur, Chhattisgarh

---- Non-applicant

MCRCA No. 407 of 2019

1. Jugal Kishore Kaushik S/o Late Bhuklu Ram Kaushik, Aged About 55

Years, R/o Village- Podi, Police Station- Takhatpur, District- Bilaspur,

Chhattisgarh., District : Bilaspur, Chhattisgarh

---- Applicant

Versus

• Special Police Establishment, Central Bureau of Investigation, ACB

Chhattisgarh, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

---- Non-applicant

For Applicant –

Shri Rajeev Shrivastava, Advocate (in MCRCA

No.280/2019).

Shri Krishna Tandon and Shri Basant Dewangan, Advocates

(in MCRCA No.407/2019).

For Non-applicant/C.B.I. – Shri B. Gopa Kumar, ASG.

Hon'ble Shri Justice

Rajendra Chandra Singh Samant

Order on Board

27-03-2019

1.

As these two MCRCA arise out of the same crime number, i.e. Crime

No.RC1242017S0001 of 2017 (Criminal Case No.9274/2018), registered at

Police Station - C.B.I., A.C.B., Raipur, Chhattisgarh for the offence under

Section 120-B, 406, 409, 420 & 477-A of the IPC, they are being decided by

this common order.

2.

These applications have been filed by the applicants for grant of

anticipatory bail as they are apprehending their arrest in connection with

aforesaid crime number and offence.

3.

It is submitted by learned counsel for the applicant Hemant Kumar

Yadav (applicant in MCRCA No.280/2019) that this applicant was posted as

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Data Entery Operator from 14-09-2007 to 30-09-2013. The duration during

which the defalcation has been pointed out is of the year 2012 and 2013. This

applicant was never entrusted with the work of making deposit or withdrawal

from the savings bank account of the society. His name is also not reflected in

the FIR lodged, but, at the time of filing of charge sheet he has been arrayed

as accused without any basis. Therefore, it is prayed that this applicant may be

benefited with grant of anticipatory bail.

4.

It is submitted on behalf of applicant Jugal Kishore Kaushik (applicant in

MCRCA No.407/2019) that the name of this applicant was never present at the

time of initiation of the investigation in the case, however, without any basis he

has been arrayed as accused at the time of filing of charge sheet. The

statement of witnesses clearly show that he has not been a party to

commission of the offence of embezzlement. Therefore, it is prayed that this

applicant may be benefited with grant of anticipatory bail.

5.

Learned counsel for non-applicant/C.B.I. opposes the applications

submitting that the main allegation is against both these applicants about

making embezzlement of Rs.7,67,121/- and there is evidence to show that

both these applicants were involved in the offence. Therefore, they are not

entitled for grant of anticipatory bail.

6.

Heard learned counsel for the parties and perused the case diary.

7.

On the basis of the order passed by this Court in a batch of writ petitions

filed by various members and investors in Krishak Sewa Sahakari Samiti

Ghutku, District Bilaspur, the C.B.I. has investigated this case. The FIR was

registered against Nand Kumar Yadav, Incharg Society Manager and 7 others

on 08-01-2017. It was found in the investigation that because of various

totaling mistakes in the saving bank registers and forwarding mistakes in

transferring the total to Cash Book/Day Book of the society, embezzlement of

Rs.11,19,354/- was found to have taken place, for which all the accused

persons were held responsible.

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8.

Con