1 2025:CGHC:1561 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 27 of 2025 Dinesh Kumar Sahu S/o Narbadeshankar Sahu Aged About 35 Years Cast Teli, R/o Village Sumerpur, Tahsil And P.S. Ramanujnagar, District Surajpur (C.G.) ... Applicant versus State of Chhattisgarh Through P.S. Ramanujnagar, District Surajpur (C.G.) ... Non-applicant For Applicant : Mr. R,K. Jain, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.01.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 176/2024 registered at Police Station – Ramanujnagar, District - Surajpur (C.G.) for the offences punishable under Sections 316(5) and 318(4) of the BNS, 2023. 2. According to the prosecution, the complainant, Shivshankar Sahu, filed a written complaint on November 16, 2024, at the police station. The complaint alleged that the applicant, a salesman at the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.10 11:58:14 +0530 2 Government English Wine Shop in Ramnujnagar, collected cash sales amounting to Rs. 154,330/- on November 13, 2024, and 5 bottles of English liquor worth Rs. 8,320/-. However, the applicant was absent from the shop from November 14, 2024, on wards, and misappropriated a total amount of Rs. 162,650/-. Based on this complaint, an offense under Sections 316(5) and 318(4) of the B.N.S. was registered against the present appellant. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that on on November 14, 2014, the applicant's mother was suffering from a severe heart disease, and he was by her side. The applicant had the previous day's sales amount of ₹1,54,330 with him and had informed his colleague about it. Due to his family problems, the applicant was unable to deposit the amount with the company. However, he handed over the said amount to the complainant, Shivshankar Sahu, on November 22, 2024. He further submits that the present applicant has no criminal antecedents, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and nature of dispute and material available in case diary and it appears that the accused/applicant 3 has already been deposited the alleged money to the complainant, further the fact that the applicant has no criminal antecedents. Therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Dinesh Kumar Sahu, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) he 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 fact to the Court. (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) the applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek