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2025 DAILYLAW 33245 (CHH)

DHARAM SAI BHAGAT v. STATE OF CHHATTISGARH

MCRCA/1019/2025 · 2025-07-13

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Judgment text

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1 2025:CGHC:32695 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1019 of 2025 • Dharam Sai Bhagat, S/o Late Jagna Ram Bhagat, Aged About 62 Years, R/o Behind Swami Vivekanand School, Shanti Vihar Colony, Daganiya, District Raipur, Chhattisgarh. ... Applicant versus • State Of Chhattisgarh, Through Police Station Kotwali, Ambikapur, District Sarguja, Chhattisgarh. ... Non-applicant (Cause title taken from Case Information System) For Applicant : Mr. Ravi Kumar Bhagat, Advocate. For State/Non-applicant : Mr. Sakib Ahemad, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.07.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.282/2025 registered at Police Station Kotwali, Ambikapur, District Sarguja (C.G.) for the offence punishable under Sections 409, 419, 420, 467, 468 and 471 of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case, in brief, is that the complainant, D.K. Soni filed a complaint before the C.J.M. Ambikapur regarding non payment of EPF, Bonus & ESIC amount towards workers engaged by Private Firm 2 without verifying the respondent department, i.e., Chief Engineer and Superintendent Engineer. Thereafter, C.J.M. Ambikapur has passed and order to enquire the matter and directed the jurisdictional police station to register the FIR against the present applicant and other accused persons. 3. Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in crime in question. He submits that the applicant was not posted at office of Chief Engineer, CSPDCL, as he has been initially posted at Raipur and was transferred to Ambikapur vide transferred order dated 26.11.2021. He further submitted that wages of employees were fixed and sanctioned by the Executive Officer and the Chief Engineer has only role to sign the documents on counter verification. It is further submitted that present applicant is now a retired person aged about 63 years,therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel for the non-applicant/State, would oppose the bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case and further the fact that the present applicant has the only role to sign the documents and further considering the fact that the present applicant is a retired person, aged about 63 years, therefore, without commenting anything on merits, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Dharma Sai Bhagat, on executing a 3 personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) he 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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 his 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) he shall not involve himself in any offence of similar nature in future. SD/- (Ramesh Sinha) Chief Justice DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA