1 2025:CGHC:14085 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 397 of 2025 Naved Mirza S/o Maksud Mirza Aged About 45 Years R/o Behind Madarsa Faizulraza, Talapara, Bilaspur, Tahsil And District Bilaspur (Chhattisgarh) ... Applicant versus State Of Chhattisgarh Through Police Station Rajnandgaon Kotwali, District Rajnandgaon (Chhattisgarh) ... Non-Applicant For Applicant : Mr. Vedagni Jangde and Mr. Shahid Siddiqui, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, Deputy Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.03.2025 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. 403/2024 registered at Police Station – Rajnandgaon Kotwali (C.G.) for the offence punishable under Sections 409, 420, 467, 468, 471 and 120-B of Indian Penal Code. 2. The prosecution story, in brief, is that on 04.07.2024, the complainant, namely, Sudesh Kumar Sahu, the present Assistant Director of Fisheries, Rajnandgaon, appeared at the Kotwali police station and submitted a PREETI KUMARI Digitally signed by PREETI KUMARI 2 written application and lodged a report that Mrs. Geetanjali Gajbhiye, the then Assistant Director of Fisheries, District Rajnandgaon, in the approval of the amount of Rs 216.00 lakh sanctioned by the government for departmental work (cage culture fisheries), by misleading the administration on the basis of forged documents of the beneficiaries, has committed irregularities in the grant amount received by the department and misused the amount. Documents related to departmental investigation have been attached with the said complaint letter, in which it is mentioned that in the investigation of the complaint letter submitted by the beneficiary Bhuwan Lal to the Fisheries Department, Rajnandgaon, the amount received in the scheme was found to be misused on the basis of forged documents by Mrs. Geetanjali Gajbhiye, the then Assistant Director of Fisheries, District Rajnandgaon. After examining the application form, a case was registered against the accused, Mrs. Geetanjali Gajbhiye, the then Assistant Director, Fisheries, District Rajnandgaon and the material supplying firm operator M/s Star Supplier Bilaspur, firm operator S.S. Aquaculture Pathri Phingeshwar Rajim and firm operator S.S. Aquafeed Jhaanki Raipur, by Kotwali Police Station, District-Rajnandgaon, under Crime No. 403/2024, under Sections 409, 420, 467, 468, 471, 120 B of the Indian Penal Code. 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 the applicant’s name is only in the FIR and is not mentioned anywhere in the report filed by the Police which is been certified by the Police through a certificated dated 10.12.2024. He further submits that the installation of cages by the applicant is lawful and the applicant is being falsely implicated in the instant matter. Further, on the basis of work order and quotation and against the installation of cages 3 the Assistant Director Fisheries has made the payments of the Bills. The GST mentioned in those bills have also been claimed by the department, according to which it is clarified that there were no discrepancies made by the applicant’s organization in installation of cages. He also submits that the main accused person, namely, Geetanjalli Gajbhiye has already been granted regular bail by this Court vide order dated 29.08.2024 passed in MCRC No. 6004/2024. 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 the applicant along with other co-accused persons, has misappropriated the amount received by the Department by misleading the administration on the basis of the forged documents of the beneficiaries to the tune of Rs. 216 Lakhs sanctioned by the Government for departmental work, also by obtained approval she has committed irregularities in the granted amount received by the department and has misused the amount. 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 the fact that according to the preliminary investigation report presented by the Deputy Director no discrepancies were found, further the applicant’s name is only in the FIR and is not mentioned anywhere in the report filed by the Police which is been certified by the Police through a certificated dated 10.12.2024, also considering the fact that main accused person, namely, Geetanjalli Gajbhiye has already been granted regular bail by this Court vide order 4 dated 29.08.2024 passed in MCRC No. 6004/2024, hence, this Court is of the view 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 – Naved Mirza 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 himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti