Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:10564
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 299 of 2025 • Bhupendra Singh Thakur S/o Lt. Moti Singh Thakur Aged About 45 Years R/o Janta Colony, Gudhyari, Distt.- Raipur (C.G.)
... Applicant. versus • State Of Chhattisgarh Through Police Station- Devendra Nagar, Raipur (C.G.).
... State/Non-Applicant. For Applicant : Ms. Vedagni Jangde, Advocate. For State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board 04/03/2025
1. This First anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.03.04 20:11:50 +0530
2 connection with Crime No.303/2024 registered at Police Station Devendra Nagar for the offence punishable under Sections 318(4), 316(5) & 61 BNS.
2. Prosecution case in brief is that, in January 2021, the complainant and his wife appointed Bhupendra Singh (the main accused) as their agent to manage the business activities of their proprietorship firm, Gopala Enterprises. The complainant also entrusted the main accused with the operation of the firm's bank account. Subsequently, the main accused accepted orders from customers along with earnest money but failed to deliver the required goods. Instead, he embezzled the funds with the assistance of other employees of Gopala Enterprises. The complainant later discovered that they had suffered a loss of Rs.3,54,28,636/- due to the main accused's misdeeds. Consequently, the complainant lodged an FIR, alleging fraud and criminal breach of trust by the main accused and other individuals.
3. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the alleged commission of offence. Learned counsel further submits co- accused namely Rupesh Singh has been granted regular bail by this Court vide order dated 22.01.2025 passed in MCRC No.617 of 2025 and case of present applicant is similar to that of his. Hence, learned counsel prays for grant of anticipatory bail to the applicant.
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4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail.
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, material available in case diary and the fact that co-accused namely Rupesh Singh has been granted regular bail by this Court vide order dated 22.01.2025 passed in MCRC No.617 of 2025 and case of present applicant is similar to that of his, without further commenting anything on merits, this Court finds it appropriate to grant anticipatory bail to the applicant.
7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Bhupendra Singh Thakur, on executing a personal bond with 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. (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
4 their adhaar card alongwith a colored 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 Avinash