1 2025:CGHC:15959 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 468 of 2025 • Lalit Kumar Shriwas S/o Rameshwar Prasad Shriwas Aged About 31 Years R/o Village- Beladula, Police Station And Tahsil - Sarsiwan, District- Sarangarh-Bilaigarh (C.G.) ... Applicant versus • State Of Chhattisgarh Through The Station House Officer, Out Post- Beladula, Police Station - Sarsiwan, District- Sarangarh- Bilaigarh (C.G.) ... Non-applicant For Applicant : Mr. Keshav Dewangan, Advocate For Non- applicant/State : Ms. Monika Thakur, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/04/2025 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 2 with Crime No. 305/2024 registered at Police Station – Sarsiwan, Out Post – Beladula, District – Sarangarh-Bilaigarh (C.G) for the offence punishable under Sections 409, 420 of IPC and Section 3,7 of Essential Commodity Act. 2. The prosecution story, in brief, is that the prosecution story in brief is that on 30.08.2024 as per direction of learned Collector, the Branch Manager of District Co-operative Central Bank, Sarsiwan made a written complaint against the present applicant by stating that the present applicant is a officer in- charge of Prathmik Krishi Sakh Sahkari Samiti, Beladula, Registration No. 251 committed cheating and forgery during the purchase & sale of paddy in the Financial Year 2023-24 sum of Rs. 58,11,400/- to State Government. In the said complaint, the concerned police without proper investigated the matter, registered the FIR under section 409, 420 of India Penal Code and Section 3, 7 of Essential Commodity Act and till date the investigation is going on. 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 the applicant is the Branch Manager of the District Cooperative Central Bank, Sarsiwan and, on the basis of the complaint made by the Collector against the Prathmik Krishi Sakh Sahkari Samiti, Beladula for embezzlement of an amount of Rs.58,11,400/-, the present applicant has been made as an accused in the present crime, as he is the Officer Incharge of the said Samiti. Therefore, he prays 3 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 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 applicant has been made an accused in the present case, as he was the Officer Incharge of the Prathmik Krishi Sakh Sahkari Samiti, Beladula, against which, the Collector has lodged complaint for embezzlement of an amount of Rs.58,11,400/- and there is a tri-party agreement executed between the applicant’s Society, the Bank and the marketing federation for purchase and sale of the paddy, in which, an arbitration clause also existed, therefore, at this stage without expressing any opinion 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 applicant – Lalit Kumar Shriwas 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) The Applicant shall not directly or indirectly 4 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 vaishali VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.05 19:46:25 +0530