1 2025:CGHC:13677 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 395 of 2025 Rajkumar Sahu S/o Late Shri Laxminarayan Sahu Aged About 59 Years R/o Village Gandhi Chowk, Semartal, Distt.- Bilaspur (C.G.) ... Applicant versus Union of India Through Superintendent of Police, Central Bureau of Investigation, CBI, District Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-Applicant/CBI : Mr. B.Gopa Kumar, Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 21.03.2025 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. RC1242018S0003 registered at Police Station – Central Bureau of Investigation, CBI, District Raipur (C.G.) for the offence punishable under Sections 120B, 409, 406, 408 and 477A of Indian Penal Code. 2. Prosecution case in brief, is that an FIR was registered on 17.03.2018 against present applicant along with other co-accused persons namely, PREETI KUMARI Digitally signed by PREETI KUMARI 2 Shailendra Kumar Sahu (President) and Baldev Dheewar (Branch Manager) alleging therein that Preliminary Agriculture Credit Co-operative Society/ Seva Sahakari Samiti, Semartal, Block Bilha, Distt. Bilaspur, (C.G.) having its registration No. 415, which was registered on 16.03.1934 under the said co-operative society. The said society got indulged in working as per Chhattisgarh Co-operative Society Act, 1960, where the said co-operative society used to accept deposit by the public in their respective saving bank accounts and further used to provide KCC (Kisan Credit Card) loans. It is further alleged in the FIR that the said co-operative society was having its own account in District Co-operative Central Bank (DCCB), Branch Sarkanda, Bilaspur. In between year 2012-2015, Shailendra Kumar Sahu was holding the post of President in the Board, present applicant was holding the post of Vice President and Baldev Prasad Dheewar was Society Manager, taking advantage of their post the withdraw a sum of Rs. 1,30,00,000/- from the said bank account by way of 21 cheques and whose entry was missing from the cash registered. It was alleged that the said amount was used for some personal use. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in offence in question. It is submitted that the applicant is aged about 60 years old and incident is of the year 2016 and the investigation of the case was took over by CBI in 17.03.2018, thereafter, the charge-sheet has been filed and stated that the co-accused persons, namely, Baldev Prasad Dheewar has been granted regular bail by co-ordinate Bench of this Court on 27.06.2019 passed in MCRC No. 3189/2019 and other co-accused person, namely, Shailendra Sahu has been granted regular bail by this Court on 3 22.01.2025 passed in MCRC No. 8292/2024, copy of the same has been annexed at Annexure A/2 of this bail application. Regarding the applicant’s anticipatory bail, a medical report dated 17.01.2025 reveals that he has been diagnosed to have Acute Ischemic Stroke/Right Occipital Infarct/Moderate LV Dysfunction, rendering him unable to perform daily activities, a copy of the medical report has been annexed at Annexure A/3. Hence, this anticipatory bail application is liable to be allowed. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail. He further submits that being a Board of Members of Preliminary Agriculture Credit Co-operative Society/Sewa Sahkari Samiti, Semartal withdrawn and misappropriated amount of Rs. 32,02,250 from the society’s saving account. Therefore, he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicant and the fact that the applicant is aged about 60 years old and incident is of the year 2016 and the investigation of the case was took over by CBI in 17.03.2018, thereafter, the charge-sheet has been filed and stated that the co-accused persons, namely, Baldev Prasad Dheewar has been granted regular bail by co-ordinate Bench of this Court on 27.06.2019 passed in MCRC No. 3189/2019 and other co-accused person, namely, Shailendra Sahu has been granted regular bail by this Court on 22.01.2025 passed in MCRC No. 8292/2024, copy of the same has been annexed at Annexure A/2 of this bail application, also considering the fact that the applicant’s anticipatory bail, a medical report dated 17.01.2025 reveals that he has 4 been diagnosed to have Acute Ischemic Stroke/Right Occipital Infarct/Moderate LV Dysfunction, rendering him unable to perform daily activities, a copy of the medical report has been annexed at Annexure A/3 hence, this Court deems it appropriate 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- Rajkumar Sahu, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, they 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 his 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 her 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 herself in any offence of similar nature in future. Sd/- Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti