1 2025:CGHC:37323 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1076 of 2025 • Hirendra Nath Sinha S/o Shri Nani Babu Sinha, Aged About 43 Years R/o Vip Road, Dkd Complex, Patharquary, Guwahati, District - Kamrup (Metro), Assam, Pin-781071. ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station - Sirgitti, District- Bilaspur, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Himanku Baruha, Advocate appeared though video conferencing and Mr. Shalvik Tiwari, Advocate For Respondent/State : Mr. Jitendra Shriwastava, Government Advocate and Mr. Swajeet Singh Ubweja, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.07.2025 1. In compliance of order dated 25.07.2025 passed by this Court, the Senior Superintendent of Police, Bilaspur has filed his personal affidavit answering the query made by this Court. 2. From perusal of the aforesaid affidavit, it transpire from paragraph No.2(c), that the alleged crime was committed between 11.05.2021 to 04.09.2021, and, at that time Bhartiya Nyay Sanhita, 2023 was VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.01 10:57:21 +0530 2 not came into effect. As such the offence vide Crime No.114/2025 has been registered under Section 420/34 of the IPC on 09.03.2025. 3. Learned counsel for the parties submits that they could not pointed out the said fact before this Court, hence the said order was passed and affidavit was called from the Senior Superintendent of Bilaspur. However, the trial Court has also submitted his regret upon not considering the said error, which has crept in the bail rejection order and the Court proceeded to hear the matter. 4. This is the first bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to the applicant who is apprehending his arrest in connection with Crime No. 114/2025 registered at Police Station – Sirgitti District Bilaspur, (C.G.) for the offence punishable under Section 420/34 of IPC. 5. As per prosecution story, it is alleged that the applicant along with other person has committed an embezzlement of Rs.3,15,00,000/- by fraud and cheating. Further, it was also alleged that he works with M/s Jhanvi Sales, supplies medicines, surgical items and medical equipment, after meeting with one Narendra Sinha in the year 2021, he introduced himself as a member of the council of DIMA HASAO and assured to expand the business and wanted to co-operate with him. Thereafter, in the month of May 2021, a copy of the order of face masks, PPE kits, gloves, etc., was sent from the Medical Officer DIMA HASAO, the said order was for Rs. 14 crores. Thereafter, they met Vivek Phukan and applicant Hirendra Sinha in Guwahati and told them that they are suppliers of face masks, PPE kits, gloves, etc. and they will supply all the items. Then, the complainant's firm paid amounts to them, but after taking the money, the goods were not 3 supplied by them nor the money was returned. Based on these allegations, upon the complaint made by the complainant, the instant crime has been registered and the applicant has been roped falsely in which the applicant is apprehending his arrest. Hence, this application for grant of bail in the event of arrest of the applicant. 6. Learned counsel for the applicant would submits that the applicant is innocent person and he has been falsely implicated in the present case. It has been argued by learned counsel for the applicant that the alleged incident was committed between 11.05.2021 to 04.09.2021, but FIR has been lodged by the complainant after four years against the present applicant, who was having some business rivalry with the brother of the applicant and applicant’s brother has caught the money received in the account of the applicant, thereafter, the applicant has remitted back to his brother’s account, hence they prays for grant of anticipatory bail to the applicant. 7. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicant was introduced by his brother as a supplier of the article in question to the complainant. 8. I have heard learned counsel for the parties and perused the case diary. 9. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and nature of dispute and material available in case diary, looking to the fact that the alleged incident was committed between 11.05.2021 to 04.09.2021, but FIR has been lodged by the complainant after four years against the present applicant, who was having some business rivalry with the brother of the applicant and applicant’s brother has got the money received in 4 the account of the applicant, thereafter, the applicant has remitted back to his brother’s account, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 10. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant Hirendra Nath Sinha, 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) 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 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) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali