1 2025:CGHC:2026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 39 of 2025 1 - Nirmala Chandrakar W/o Shri Aatmaram Chandrakar Aged About 62 Years R/o Vill- Sisdevri, P.S. Palari, Dist.- Baloda Bazar-Bhatapara (C.G.) 2 - Aatmaram Chandrakar S/o Late Shri Dasrathlal Chandrakar Aged About 74 Years R/o Vill- Sisdevri, P.S. Palari, Dist.- Baloda Bazar- Bhatapara (C.G.) --- Applicant(s) versus State Of Chhattisgarh Through- S.H.O., P.S. Palari, Dist. - Baloda Bazar-Bhatapara (C.G.) --- Non-Applicant(s) MCRCA No. 40 of 2025 Sanjay Chandrakar S/o Shri Aatmaram Chandrakar Aged About 43 Years Vill- Sisdevri, P.S. Palari, Dist- Baloda Bazar-Bhatapara (C.G.) ---Applicant(s) Versus State Of Chhattisgarh Through- S.H.O., P.S. Palari, Dist. - Baloda Bazar-Bhatapara (C.G.) --- Non-Applicant(s) AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Date: 2025.01.13 18:17:31 +0530 2 For Applicant(s) : Mr. Ravindra Sharma, Advocate. For Non-Applicant(s) : Mr. S.S. Baghel, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.01.2025 1. Since the above-mentioned two anticipatory bail applications arise out of same crime number, they are clubbed and heard together and are being disposed of by this common order. 2. These first anticipatory bail applications under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) have been filed by the applicants, who are apprehending their arrest in connection with Crime No.251/2024 registered at Police Station Palari, District - Balodabazar-Bhatapara (C.G.) for the offence punishable under Section 420/34 of the IPC. 3. Prosecution case in brief is that after Khilesh Chandrakar's death, a total amount of Rs. 66,92,000 was withdrawn from the account of M/s Natraj Fuel, account number 00000030679416800, branch Pali, whose owner was deceased, through various checks. The applicants, Smt Nirmala Chandrakar, Atmaram Chandrakar and Sanjay Chandrakar seem to be involved in the crime, as they allegedly acquired money illegally by colluding and using fraudulent means, thereafter, the offence has been registered against the applicants. 4. Learned counsel for the applicants would submit that the applicants are innocent and has been falsely implicated in the 3 present case. He further submits that the applicant Nirmala Chandrakar (mother of deceased), applicant Aatmaram Chandrakar (father of deceased) and applicant Sanjay Chandrakar (brother of deceased), after death of deceased on 30.08.2021, the applicants were running the petrol pump, but due to the present complaint, they were not in a position to run the petrol pump which resulted in closure of the same. He also submits that the the complainant sent a legal notice to the applicant in the month of January and demanded money from them, whey they refused to pay and in retaliation the complainant has filed a false complaint against them, further the applicants have not made any forged signature of the deceased and have also not withdrawn any amount from his account after his death, as they themselves informed the bank about the death of deceased, therefore, there is no question of use of forged signature of deceased, hence he prays for grant of anticipatory bail to the applicants. 5. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicants withdrawn a sum of Rs.66,92,000/- from the account of M/s Natraj Fuel, account number 00000030679416800, branch Pali, whose owner was deceased, therefore, the applicants are not entitled for grant of anticipatory bail. 4 6. I have heard learned counsel for the parties and perused the case diary. 7. 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 the fact that though the allegation against the applicants that they have withdrawn a sum of Rs. 66,92,000/- from the account of M/s Natraj Fuel, account number 00000030679416800, branch Pali, whose owner was deceased, but the applicants have no criminal antecedent, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicants. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants - Nirmala Chandrakar, Aatmaram Chandrakar and Sanjay Chandrakar, on executing a personal bond with one surety each in the like sum to the satisfaction of the arresting Officer, 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 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 sureties shall submit a copy 5 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) They shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil