1 2025:CGHC:2510 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 73 of 2025 1. Shivkumar Nagvanshi S/o Shri Rambadan Nagvanshi Aged About 43 Years R/o Village- Pipraul, Police Chowki- Vijaynagar P.S. Ramanujganj District- Balrampur-Ramanujganj (Chhattisgarh) 2. Santulal Nagvanshi S/o Shri Devlal Nagvanshi Aged About 37 Years R/o Village- Pipraul, Police Chowki- Vijaynagar P.S. Ramanujganj District- Balrampur-Ramanujganj (Chhattisgarh) 3. Awadesh Nagvanshi S/o Shri Rampyare Nagvanshi Aged About 26 Years R/o Village- Pipraul, Police Chowki- Vijaynagar P.S. Ramanujganj District- Balrampur-Ramanujganj (Chhattisgarh) 4. Sunil Kujur S/o Shri Bachchu Kujur Aged About 32 Years Resident of Police Chowki- Vijaynagar P.S. Ramanujganj District- Balrampur- Ramanujganj (Chhattisgarh) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Chowki- Vijaynagar P.S. Ramanujganj District- Balrampur-Ramanujganj (Chhattisgarh) … Non-Applicant PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.15 19:42:19 +0530 2 For Applicant : Mr. Aman Kesharwani, Advocate on behalf of Mr. Vineet Kumar Pandey, Advocate. For Non-Applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.01.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 125/2024 registered at Police Chowki- Vijaynagar P.S. Ramanujganj District- Balrampur-Ramanujganj (C.G.) for the offence punishable under Section 409 read with 34 of Indian Penal Code. 2. The prosecution story, in brief, is that the complainant Food Inspector Prashant Rajwade lodged complaint that misappropriation has been occurred in Committee Mahaveer Paddy Procurement Centre Vijaynagarj during period on 01.11.2023 to 05.02.2024 as per the audit report year 2023-2024. It is found that misappropriation of amount of Rs. 1,14,10,733/- has been occurred in paddy and bags and that has been committed by the In-Charge of the centre and Computer Operator of the centre, in investigation it is found that Incharge Manjar Ansari purchased 9491.20 quintal Paddy but delivered till date which indicates that negligence in part of their duty. On the basis of said complaint, the concerning police has registered the FIR against the present applicants as well as the other accused. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is submitted that the applicants are the labourer and having getting Rs. 3 200/- per day, they are not a public servant, bankers, merchant and agent. It is also submitted that the co-accused persons, namely, Sakendra Singh, Dinesh Prasad Mahtwar, Gulab Singh and Abdul Matin .Jauvool Ansari and Santosh Yadav have already been granted anticipatory bail by this Court vide order dated 17.10.2024, 06.09.2024 and 21.10.2024 passed in MCRCA Nos. 1195/2024, 952/2024 and 1216/2024 respectively and the co-accused, namely, Aarif Ansari and Mahboob Alam has already been granted regular bail by this Court vide order dated 19.09.2024 passed in MCRC No. 5525/2024. The copy of the same has been annexed as Annexure A/2 of this bail application. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel as well as the learned counsel for the objector oppose the bail application and submits that the complainant lodged complaint that misappropriation has been occurred in Committee Mahaveer Paddy Procurement Centre Vijaynagarj during period on 01.11.2023 to 05.02.2024 as per the audit report year 2023- 2024. Therefore, the applicants are not entitled for grant of anticipatory bail in this case. 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 leveled against the applicants, and the fact that the applicants are the labourer and further the co-accused persons, namely, Sakendra Singh, Dinesh Prasad Mahtwar, Gulab Singh and Abdul Matin, Jauvool Ansari and Santosh Yadav have already been granted anticipatory bail by this Court vide order dated 17.10.2024, 06.09.2024, 21.10.2024 passed in MCRCA Nos. 1195/2024, 952/2024 and 4 1216/2024 respectively and the co-accused, namely, Aarif Ansari and Mahboob Alam has already been granted regular bail by this Court vide order dated 19.09.2024 passed in MCRC No. 5525/2024, hence, this Court is of the view that the applicants are entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant Nos. 1, 2, 3 and 4 – Shivkumar Nagvanshi, Santulal Nagvanshi, Awadesh Nagvanshi and Sunil Kujur on executing a personal bond with one surety each in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) The Applicants 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) The Applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicants 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 alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti