1 2025:CGHC:11199 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 325 of 2025 1 - Cypriyan Toppo S/o Mathias Toppo Aged About 55 Years R/o Ward No. 14 Pancham Colony, Tehsil- Pendra, District : Gaurela-Pendra-Marwahi, Chhattisgarh ... Applicant(s) versus 1 - State Of Chhattisgarh Through Police Station- Gaurela, District : Gaurela-Pendra-Marwahi, Chhattisgarh ... Respondent(s) For Applicant : Mr. Himanshu Sharma, Advocate For Non-applicant : Mr. UKS Chandel, Dy. Adv. General. SB: Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.03.2025 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.9/2023 registered at Police Station Gaurella, District Gaurella-Pendra-Marvahi(C.G.) for the offence punishable under Sections 420, 467, 468, 471, 34 of the Indian Penal Code, 1860. NISHA DUBEY Digitally signed by NISHA DUBEY Date: 2025.03.07 16:36:42 +0530 2 2. Prosecution case in brief is that an FIR was lodged by one Ramesh Kumar Lahre (officer in-charge marketing federation Gaurela) on 05.01.2023 alleging that for the Kharif year of 2021-22, four firms i.e. Shyam industries, Shyam Food products, Yash Rice mill and Yash Modern food products Anjani Gaurela had issued a total of 61 bank guarantee from the State bank branch, Pendra Road which were amounting to Rs 44 crores, the said bank guarantee were deposited in the district marketing federation office, Gaurela Pendra (C.G.). It has been alleged in the complaint that out of these 61 bank guarantee, 38 bank guarantee were confirmed by the branch manager of the bank which were amounting to Rs 22.50 crore and the remaining 23 bank guarantee from 3 firms amounting to Rs 21.50 crore issued from the State bank, Pendra Road branch are fake and forged, it has been alleged that the above mentioned 4 firms have deposited forged bank guarantee and have lifted the paddy from the C.G. marketing federation thereby causing loss to the State. It is further the case of the prosecution that for the present kharif year of 2022-23 a total bank guarantee amounting to Rs 20 crore issued by the State bank Pendra Road Branch which has been 3 deposited in the district marketing federation office are also forged and fake and that these bank guarantee has also been issued by the above mentioned 4 firms, the issuance of forged bank guarantee has also been affirmed by the C.G. Marketing federation regional office, Bilaspur (C.G.), therefore on the basis of written complaint the crime No. 9/2024 for offence under section 420, 34 IPC has been registered against the bank manager of State bank Gaureal Pendra road namely Sripriyan Toppo and against the proprietors of the 4 firms i.e. Shyam industries, Shyam Food products, Yash Rice mill and Yash Modern food products Anjani Gaurela. 3. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He argues that the applicant is not having any criminal antecedents and the present applicant is not involved in any kind of illegal activity. He further submits that the co-accused Gopal Krishna Agrawal and Ashish Agrawal have already been extended benefit of anticipatory bail vide order dated 19.02.2025 in MCRCA No.244 of 2025,. Accordingly, he prays for grant of anticipatory bail to the applicant. 4 4. On the other hand, learned State counsel opposed the bail application of present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature of disp[ute and material available in case diary, there is no criminal antecedent against the applicant and co-accused have already been granted anticipatory bail by this Court vide order dated 19.02.2025 in M.Cr.C. (A) No.244/2025, without 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 applicant – Cypriyan Toppo, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, 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. 5 (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 Nisha