1 2025:CGHC:1789 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 35 of 2025 Bhojraj Jain S/o Asharam Jain Aged About 26 Years Resident Of Village- Ghotiya, Tahsil- Bhanupratappur, District- North Bastar Kanker (Chhattisgarh) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station- Bhanupratappur, District – North Bastar Kanker (Chhattisgarh) ... Non-applicant For Applicant : Mr. Arun Kumar Shukla, Advocate. For Non-applicant/State : Mr. S.S. Baghel, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.01.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 231/2024 registered at Police Station – Bhanupratappur, District – North Bastar Kanker (C.G.) for the offence punishable under Sections 420 and 34 of the Indian Penal Code (IPC). 2. The prosecution story, in brief, is that the applicant and the co-accused persons have collected the amount of Rs. 23,42, 662/- from the different farmers for depositing the same in the District Cooperative Central Bank Limited, Jagdalpur, Branch Bhanupratappur, but he said amount was not RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 deposited by the LAMPS Manager namely Manohar Mahaveer in the bank and the same has been embezzled by the accused persons. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that 3 co-accused have been granted bail by this Court vide orders dated 19.12.2024, 12.12.2024, and 12.12.2024 passed in MCRCA Nos. 1462/2024, 1436/2024 and 1433/2024. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that from the perusal of the case diary it transpires that the applicant and the co-accused persons have collected the amount of Rs. 23,42, 662/- from the different farmers for depositing the same in the District Cooperative Central Bank Limited, Jagdalpur, Branch Bhanupratappur, but he said amount was not deposited by the LAMPS Manager namely Manohar Mahaveer in the bank and the same has been embezzled by the accused persons. Therefore, the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case diary it transpires that 3 co-accused have been granted bail by this Court vide orders dated 19.12.2024, 12.12.2024, and 12.12.2024 passed in MCRCA Nos. 1462/2024, 1436/2024 and 1433/2024, at this stage without expressing any opinion on merits, this Court is of the view 3 that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Bhojraj Jain on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) The Applicant 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) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant 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)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar