1 2025:CGHC:14081 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 402 of 2025 1 - Jai Kumar Dewangan (In Person) S/o Homji Lal Dewangan Aged About 36 Years R/o Village Sakarra, Tahsil Adbhar, P.S. Malkharouda, District Sakti Chhattisgarh 2 - Smt. Dimple Dewangan W/o Jai Kumar Dewangan Aged About 33 Years R/o Village Sakarra, Tahsil Adbhar, P.S. Malkharouda, District Sakti Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through The Station House OfÏcer, Police Station City Kotwali Mungeli, District Mungeli Chhattisgarh ... Non-applicant(s) For Applicant : Mr. Jai Kumar Dewangan, in person. For Non-applicant/State : Mr. Sangharsh Pandey, Govt. Advocate. 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. 322/2022 registered at Police Station – City Kotwali Mungeli, District Mungeli (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 complainant has made RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 complaint to the concerned Police Station alleging that a report was lodged by the complainant against the accused persons that the cousin brother of the applicant No. 1 (Jai Kumar Dewangan) namely Vishnu Dewangan was working as peon at complainant's father (Kawardha Court) and on that basis, the applicant No. 1 was good relationship with the complainant and he was taking care of the his mother at C.M.C. Vellore (Chennai) and expensed for treatment through Smt. Apara Toppo's ATM of State Bank of India and on 28.08.2020 the unknown person have illegal withdrawal amount of Rs. 6,96,936/- through ATM. Based upon the such complaint, the Police of Police Station has registered FIR against the applicants. Hence, this application. 3. The applicant in person submits that he is innocent and has been falsely implicated in this case. It is submitted that the incident took place on 16.12.2016 and the case is registered on 28.05.2022, there is delay of lodging the FIR by the complainant in this case. Therefore, he prays for grant of anticipatory bail. 4. On the other hand, learned State counsel opposes the bail application and submits that 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 the incident took place on 16.12.2016 and the case is registered on 28.05.2022, there is delay of lodging the FIR by the complainant in this case, at this stage without expressing any opinion 3 on merits, 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 applicants – Jai Kumar Dewangan and Smt. Dimple Dewangan 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