Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:12678
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 356 of 2025 Shivendra Singh S/o Shri Surendra Narayan Singh Aged About 37 Years R/o Navapara, Jawahar Market Ambikapur, Police Station Gandhi Nagar, Tahsil Ambikapur, District Sarguja Chhattisgarh.
... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Kotwali, Raigarh, District Raigarh Chhattisgarh.
... Respondent For Applicant : Shri Prateek Sharma, Advocate. For Respondent/State : Shri Hariom Rai, PL.
Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 17/03/2025
1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.03.18 14:01:51 +0530
2 been filed by the applicant, who is apprehending his arrest in connection with Crime No.69/2025 registered at Police Station Kotwali, District Raigarh (C.G.) for the offence punishable under Sections 318(4), 316(5), 3(5) of B.N.S.
2. Case of the prosecution, in brief, is that it is alleged that on saying of applicant, Shura Retail Manager, Akash Gupta had handed over collection amount of ₹ 5,50,000 to Shura Retail Area Manager, Kishan Tiwari and Nimesh Rajak, which was not deposited with the owner of Shura Retail, therefore FIR registered against applicant and others in respondent police station under section of 318 (4), 316(5),3 (5) BNS. Hence this Anticipatory bail application for applicant. 3. Learned counsel for the applicant would submit that the applicant is innocent and falsely implicated in the instant case. He would submit that there is no criminal antecedent of the applicant. He would submit as per the system and procedure of Amazon delivery of products there is contract between Amazon company with Shura retail for distribution of products ordered online and collection of amount of products/cash amount of product and deposit the same according to their agreement. He would submit that applicant who is Chanel Team Leader of Amazon Company have no right or authority in financial transaction between Amazon Company and Shura Retail for any kind of payment to anyone. Even otherwise from allegation itself it is clearly evident that
3 Manager of Shura Retail gave Rs. 5,50,000 to Area Manager of Shura Retail, namely Kishan Tiwari and no money was paid to the applicant also allegation of applicant being area manager itself is wrong designation of the applicant. He would submit the applicant is well educated Chanel Team Leader and his entire career is on stake only on the basis of oral allegation by Manager of Shura Company for payment to their own Area Manager of Shura Retail. Hence he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and he would submit that there is no criminal history against 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, considering the nature of allegation and gravity of offence, also considering the fact that the applicant has no criminal history, this Court find 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 - Shivendra Singh, 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
4 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 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.
S Sd/-d/- (Ramesh Sinha) CHIEF JUSTICE gouri