1 2025:CGHC:28751 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 796 of 2025 Om Prakash Mishra S/o Late R. L. Mishra Aged About 58 Years R/o Qu.29/b Mannam Nagar, Dhanora Post Office Hanoda, Tehsil And District Durg (Chhattisgarh) 491001 (Details Of Cause Title Mentioned As Per E-Court Services Online Case Status), District : Durg, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Station House Officer Police Station Newai, District : Durg, Chhattisgarh ... Non-Applicant For Applicant : Mr. Ashwin Panickar, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. For Complainant : Mr. Neeraj Choubey, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27/06/2025 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. 142/2025 registered at Police Station – Newai, District- Durg (C.G.) for the offence punishable under Section 303(2) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that one Ankit Arora working as GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.30 11:29:46 +0530 2 Registrar in C.G. Swami Vivekanand Technical University, Bhilai filed a complaint FIR/142/2025 with Police Station Newai, District Durg on 19.05.2025 at 09.16 pm that he suspects the applicant of stealing confidential documents like letter dated 22.03.2025 from the University and uploading them in social media. Subsequently, the FIR was registered against unknown persons for offences under Section 303(2) of the BNS, 2023. 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 complainant has alleged theft of confidential documents by the applicant from Chhattisgarh Swami Vivekanand Technical University, Bhilai but the document shared by the applicant has no seal and sign of the said institution while all documents received by the Chhattisgarh Swami Vivekanand Technical University, Bhilai bears its seal and sign. Further, the applicant since raising complaints against the then Vice Chancellor and Registrar of the Chhattisgarh Swami Vivekanand Technical University, Bhilai was facing constant threats of abuse of process of law and threat to life and had by e-mail dated 14.12.2021 intimated to the Chancellor, Chhattisgarh Swami Vivekanand Technical University, Bhilai. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel as well as complainant opposes the bail application. It is further submitted that earlier, the applicant was posted as Senior Consultant at Swami Vivekanand Technical Univerty, Bhilai, Further, the complainant, who is the Registrar of the said University, alleging that the applicant has uploaded some confidential 3 documents of the University in the social media, which have been missing since the year 2024. Hence, the applicant is not entitled for grant of regular bail. 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 made against the applicant and the fact that the complainant has alleged theft of confidential documents by the applicant from Chhattisgarh Swami Vivekanand Technical University, Bhilai but the document shared by the applicant has no seal and sign of the said institution while all documents received by the Chhattisgarh Swami Vivekanand Technical University, Bhilai bears its seal and sign. Further, the applicant since raising complaints against the then Vice Chancellor and Registrar of the Chhattisgarh Swami Vivekanand Technical University, Bhilai was facing constant threats of abuse of process of law and threat to life and had by e-mail dated 14.12.2021 intimated to the Chancellor, Chhattisgarh Swami Vivekanand Technical University, Bhilai, hence, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Om Prakash Mishra 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 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 4 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 gouri