1 2025:CGHC:32066 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1006 of 2025 1 - Shiva Shrivas S/o Shri Rameshwar Shrivas Aged About 22 Years R/o Vill. Ranidera, P.S. Takhatpur, Dist. Bilaspur, C.G. 2 - Om Prakash Sahu S/o Shri Siddhram Sahu Aged About 22 Years R/o Vill. Raiberali, P.S. Pipariya, Dist. Kabirdham, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Police Station Kawardha, District Kabirdham, C.G. ---- Non-Applicant(s) For Applicants : Mr. Sangeet Kumar Kushwaha, Advocate. For Non-Applicant : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No.242/2025 registered at Police Station Kawardha, District - KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Kabirdham (C.G.) for the offences punishable under Sections 305-A and 331(4) of Bhartiya Nyaya Sanhita, 2023. 2. Prosecution case in brief is that the complainant, Sursari Umre, lodged a written complaint before Police Station Kawardha on 05.06.2025, stating that her father, Binda Prasad Shriwas, had sold approximately 2.10 acres of land and the sale consideration of ₹35,00,000/- was entrusted to her for safekeeping at home. She had kept the said amount in a bag inside a divan (storage bed), which was later stolen by unknown persons. Upon searching the house and inquiring about the theft, her son Divyanshu disclosed that he, along with his friends Shiva Shriwas and Omprakash Sahu (the applicants/accused), had committed the theft in phases. Omprakash Sahu allegedly stole ₹20,00,000/- and Shiva Shriwas stole ₹10,00,000/-. Omprakash Sahu used the stolen money to purchase a car bearing registration number CG-09-JS-5167 for ₹9,50,000/-, spent ₹4,00,000/- on panchayat elections, bought an iPhone for ₹1,50,000/-, a Bullet motorcycle bearing number CG-10- BW-9143 for ₹2,50,000/-, and kept ₹3,00,000/- in cash. Similarly, Shiva Shriwas allegedly used ₹4,00,000/- to purchase land, kept ₹3,50,000/- in cash, and bought a Bullet motorcycle bearing number CG-10-BX-2030 for ₹2,50,000/-. Divyanshu reportedly used ₹1,50,000/- to buy a Samsung mobile phone, spent ₹1,50,000/- on food and outings and kept ₹2,00,000/- in cash with himself. Based on this complaint, a First Information Report (FIR) was registered against the complainant’s son Divyanshu and his friends, the present applicants/accused, Shiva Shriwas and Omprakash 3 Sahu, under Sections 331(4) and 305(A) of the Bharatiya Nyaya Sanhita, 2023, and investigation is under Process. 3. Learned counsel for the applicants submit that the applicants are innocent and they have been falsely implicated in the alleged offence. He further submits that there is no incriminating materials or evidences on record to show that the involvement & culpability of the applicants in relation to the offences registered against them & despite of that they are being harassed, victimized & they have been made scapegoat in the present matter. He also submits that as much as the contents made in FIR No. 242/2025 are incorrect, perverse and based on conjectures and surmises & applicants have not committed any act which is against the law and thus, the continuance of criminal proceedings against him would be nothing but an abuse of process of law. The aforesaid impugned FIR was registered only after the applicants filed formal complaints against the concerned police personnel and an RTI application dated 05.06.2025 seeking CCTV footage and station records to substantiate the custodial torture and illegal demand of money was made by the applicants. He also submits that the applicants submitted a written complaint before senior officials of the State Government and others, seeking appropriate action. However, no action whatsoever was taken on the said complaint. Instead, in a vindictive and retaliatory manner, the Police proceeded to register the impugned FIR dated 05.06.2025, immediately upon receiving information about the applicants complaint. 4 4. Learned counsel for the applicants further submits that on 20.05.2025, applicants were forcibly taken to the police station, unlawfully detained, & beaten by police officers and threats were issued that if they failed to arrange 31,00,000/-, they and their family members would be falsely implicated. Soon after, a notice dated 11.06.25 was served by the DSP Office summoning the applicants for statement, only to frustrate their legal remedies. Accordingly, they prays for grant of anticipatory bail. 5. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicants /accused have been accused of committing a theft of a substantial amount of ₹35,00,000/- from the complainant’s home by trespassing, in collusion with complainant’s son. Further, after the FIR was registered, they went absconding, and their mobile phones remain switched off, showing non-cooperation in the investigation. Accordingly, the present applicants are not entitled for grant of anticipatory bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary and further from perusal of the case diary, it appears that the the case of the applicants are better than the case of co-accused, who is the son of complainant and further the applicants have no previous criminal antecedents, therefore without 5 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 – Shiva Shrivas and Om Prakash Sahu, on executing a personal bond with one surety 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 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) They shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Kunal