1 2025:CGHC:22373 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 783 of 2025 1 - Sanjay Yadav S/o Krishna Yadav Aged About 25 Years Caste Aheer, R/o Jain Madir Road, Kunkuri, P.S. And Tahsil Kunkuri, District Jashpur (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through S.H.O. Kunkuri, District Jashpur (C.G.) ... Non-applicant For Applicant : Mr. Hemant Gupta, Advocate. For Non-Applicant/State : Mr. Neeraj Sharma, Dy. Adv. General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/05/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 80/2025 registered at Police Station – Kunkuri, District – RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.05.28 16:25:14 +0530 2 Jashpur (C.G.) for the offences punishable under Sections 331 and 305 of the B.N.S. 2. The prosecution's case, in brief, is that the complainant made a report to the police station Kunkuri regarding theft of Rs.42,00,000/- from his house, for that they have pointed suspicion towards their servant / present applicant. Earlier to this event the complainant made extortion to the servant and his family for Rs.1,84,000/-, so they got boost, and this time they have in a planned manner alleged of theft of a huge amount of Rs.42,00,000/- from the drawer on 25- 12-2024 and thereby offence has been registered against the present applicant, under Sections 331 & 305 of B.N.S. 3. Learned counsel for the applicant submits that earlier the applicant was working in their house as servant and prior to this theft incident the applicant was subject to extortion as he left the job from the complainant, and thereby the complainant extract Rs.1,84,000/- from the father & mother of the applicant saying it was his money, said amount was collected for the marriage of the sister of the applicant, against which a report was made to S.P. Jashpur, and Hon'ble C.M. Chhattisgarh & police but police has issued 174 B.N.S.S. memo. In the meantime the applicant left the job with a stigma, but on 05-03-2025 when the complainant reported the matter about theft of Rs. 42,00,000/- form the drawer of their house, police called the applicant and investigated the matter, subsequently on 11-04-2025 the F.I.R. is been registered, against the applicant, which completely baseless with a delay of 4 months and even without explaining sufficient reason. As there was no 3 direct evidence available to prosecution to indulge the applicant in the crime in question. Further, there are no previous antecedents of the applicant and the applicant is innocent & falsely implicated in the crime. As the prosecution has not shown any valid apprehension of witness being influenced in this crime or had not produced any justifiable reason that applicant had committed the crime like again, thus he may enlarge on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case that prior to the present compliant, the complainant made extortion to the servant and his family for Rs.1,84,000/-, thereafter, they have in a planned manner alleged of theft of a huge amount of Rs.42,00,000/- and on 11-04-2025 the F.I.R. has been registered with a delay of 4 months, against the applicant, which is completely baseless, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Sanjay Yadav, on executing a personal bond and 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 inducement, threat or promise to any person 4 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 his adhaar card along with a coloured 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE Ravi Mandavi