1 2025:CGHC:2804 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 77 of 2025 1. Nancy Saroja A. (wrongly mentioned as Nainsi Saroj), D/o Aarulraj Aged About 42 Years (Aadhar No. 3730 6814 9997) R/o 01/205, Church Kovil Street, Athuvazhi, Naranapuram, Tirunelvelli (Tamil Nadu) Pin-627760 2. Sam Muthuraj S/o Aarulraj Aged About 44 Years (Aadhar No. 585748024238) R/o 205, Church Kovil Street, Athuvazhi, Naranapuram, Tirunelvelli (Tamil Nadu) Pin-627760 ... Applicants versus State of Chhattisgarh Through The Station House OfÏcer, Police Station - Pusour, District - Raigarh Chhattisgarh ... Non-Applicant For Applicants : Mr. Hari Agrawal, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, Dy. Adv. General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.01.2025 1. The applicants have preferred this application under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending their arrest in connection with Crime No. 292/2024 registered at Police Station – Pusour, District – Raigarh ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.17 11:13:44 +0530 2 (C.G.) for the offence punishable under Sections 409, 420, 34 of the Indian Penal Code (for short IPC). 2. The complainant, Govind Ram Chouhan, Director of Maa Mangla Nursing College, filed a complaint stating that he resides in Raipur and periodically visits the college in Raigarh. Applicant 1 serves as the Principal, while applicant 2, her brother, works as a Computer Operator/Administrative OfÏcer. On May 3, 2024, applicant 1 suddenly resigned, arousing the informant's suspicion. Upon reviewing college documents and the cash book, and examining CCTV footage, it was discovered that the applicants had torn documents, taken others without authorization, and failed to record a student's payment of Rs 1,80,000/-. Additionally, they allegedly misappropriated Rs 9,00,774/- from the college's State Bank account and transferred Rs 3,39,000/- in excess of salary into applicant 2's bank account. Based on this complaint, the police registered a crime report at P.S. Pusour. 3. Learned counsel for the applicants submits that the present applicants are innocent and have falsely been implicated in the present case. He submits that the true facts of the matter are that applicant No. 1 has been working as Principal of the college in Raigarh since 2014, while applicant No. 2 joined as a computer operator in 2018. In all bank transactions, the Director's mobile number is registered, receiving OTPs for processing transactions. The Director was the only authorized person to forward OTPs and approve transactions. He further submits that the applicants claim that certain illegalities were committed by the Director regarding the 3 college's afÏliation, which were known to the applicants. When they resigned, the Director felt threatened that these illegalities would be exposed. To falsely implicate the applicants and deter them from reporting these illegalities, the Director registered the crime in question. He also submits that the present applicants have no criminal antecedent, therefore, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel for the non-applicant/State, opposed the bail application of the present applicants. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and nature of dispute and material available in case diary and further the fact that the present applicants have no criminal antecedents, therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the Applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Nancy Saroja A. and Sam Muthuraj, on executing a personal bond and one surety each in the like sum to the satisfaction of the arresting OfÏcer, they shall be released on bail on the following conditions:- (a) they 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 them from disclosing such fact to the 4 Court. (b) they shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) the applicants and the surety shall submit a copy of their 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) they shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek