1 2025:CGHC:36225 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1109 of 2025 • R.P Kutar (As Mentioned In (Fir) Rajendra Prasad Kutar S/o Shri Ramsevak Aged About 63 Years Occupation- Retired Executive Engineer R/o M.I.G.-42, Alka Avenue Uslapur District Bilaspur (C.G.) ... Applicant versus • State Of Chhattisgarh Through Station House Officer - Ambikapur Debat (Gandhinagar) District - Sarguja (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Siddharth Rathod, Advocate For Respondent/State : Dr. Saurabh Kumar Pandey, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.07.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending her arrest in connection with Crime No.385/2025 registered at Police Station – Ambikapur, Gandhi-Nagar District – Sarguja (C.G.) for the offence punishable under Sections 420, 409, 467, 468, 471, 120-B of the Indian Penal Code (IPC). 2. The prosecution case is that on 29-07-19 one online tender for construction of boundary wall at Government Poultry Farm, Ambikapur was invited by the office of Executive Engineer, Rural VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.28 18:25:09 +0530 2 Engineering Services Division Ambikapur and one Deepanshu Raj proprietor of M/S Ashirwad construction applied for the same and to whom Tender for said construction of Boundary wall was allotted and has also completed the said work, thereafter the complainant namely Rohit Singh has preferred complaint before the Chief Judicial Magistrate, Ambikapur under section 156 (3) of the Code of Criminal Procedure alleging that some misappropriation has been carried out in the said construction work and vide order dated 28-03-25 learned Chief Judicial Magistrate has issued direction to the concerned police authorities register complaint and investigate the matter and register First Information Report against the persons who are responsible for the misappropriation. Thereafter, the police authorities have investigated the matter and has lodged First Information Report dated 08-07-25 against the accused persons including the applicant herein under section 420, 409, 467,468,471,120-B of Indian Penal Code. Hence this application on the following grounds. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that learned court below has failed to appreciate that fund was approved for the said work by the office of Deputy Director, Veterinary Services, Ambikapur vide order dated 26-02-2020; thereafter the contract for said construction was given to one co- accused Deepanshu Raj proprietor of M/S Ashirwad construction vide letter dated 14-05-2020 by the office of Rural Engineering Service, Division Ambikapur and work was completed on 30-01-2021 as per completion certificate (A Copy of letter dated 26-02-20, 14-05- 20 and completion certificate are annexed herewith as ANNEXURE A/2, ANNEXURE A/3 and ANNEXURE A/4 respectivelly)_and it is 3 after two year the aforesaid work has been completed, the petitioner was posted at the said office of Rural Engineering Service, Division Ambikapur and applicant has taken charge on 03-08-22, thus the applicant was never posted at the respective office of Rural Engineering Service, Division Ambikapur during the said construction period uptill completion of work on 30-01-2021 and thus by no means the applicant can be said to have involved in the alleged misappropriation. He also submits that the applicant is an old aged and retired government servant and just to harass the applicant and to satisfy his oblique motive the instant complaint has been preferred against the applicant. He also submits that Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel and learned counsel for the Objector opposes the bail application and submits that the applicant is 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 applicant, and looking to the fact that co-accused persons namely Govind Narayan Singh Tawar (Superintendent Engineer), posted at Rural Engineering Service Farhat Khan (Sub-Engineer), in the office of Superintendent Engineer, Rural Engineering Service and Manas Gupta (Assistant Engineer), in the office of Superintendent Engineer, Rural Engineering Service have already been granted anticipatory bail in MCRCA No.1094 of 2025 vide order dated 24.07.2025 and the present applicant is an old aged and retired government servant, who 4 is aged about 63 years, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is 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 –R.P.Kutar (as mentioned in FIR Rajendra Prasad Kutar) 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) The Applicant 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) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant 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)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali