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2025:CGHC:25050
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 866 of 2025 1 - Praveen Awasthi S/o Shri Panna Lal Awasthi Aged About 40 Years R/o Ganpati Nagar, New Changorabhata, Police Station- D.D. Nagar, District Raipur, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station- Saraswati Nagar, District Raipur, Chhattisgarh. ... Respondent For Applicant : Ms. Fauzia Mirza, Senior Advocate alongwith Mr. Ahmed Ayaan Mirza, Advocate For Respondent/State : Ms. Monika Thakur, Panel Lawyer Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 17.06.2025
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. 89/2025 registered at Police Station – Saraswati Nagar, District – Raipur (C.G.) for the offence punishable under Sections 408 of the Indian Penal Code (IPC). 2. 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 VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.06.19 17:36:20 +0530
2 is submitted that on 30.04.2025 FIR has been lodged against the applicant alleging that the applicant misappropriated of Rs.10,68,338/- whereas the alleged period of occurrence is from 15.07.2021 to 27.05.2024, the date i.e. 27.05.2025 on which the applicant had formally resigned from his position at Rajsthan Patrika Pvt. Ltd and the same was accepted on 28.05.2025 and despite having all records in its possession, the company has not explained the delay of 11 months in initiating criminal proceedings. She also submits that a complaint on 06.06.2024 before the police station Saraswati Nagar stating that continuous threats and coercion from Rajasthan Patrika Pvt. Ltd, which is annexed herewith and marked as Annexure-A/3. Therefore, She prays for grant of anticipatory bail to the applicant. 3. 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. 4. I have heard learned counsel for the parties and perused the materials available on record. 5.
Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, considering the fact that on 30.04.2025 FIR has been lodged against the applicant alleging that the applicant misappropriated of Rs.10,68,338/- whereas the alleged period of occurrence is from 15.07.2021 to 27.05.2024, the date i.e. 27.05.2025 on which the applicant had formally resigned from his position at Rajsthan Patrika Pvt. Ltd and the same was accepted on 28.05.2025 and there is a delay of approximately 11 months, at this stage without expressing any
3 opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 6. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Praveen Awasthi 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 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/- Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali