1 2025:CGHC:39953 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1162 of 2025 Set Ram Chouhan S/o Indrajeet Chouhan Aged About 46 Years R/o Village Kewatpali, Tahsil Basna District Mahasamund C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Sakti District Sakti C.G. ... Respondent For Applicant : Shri Sanjay Agrawal, Advocate. For Respondent/State : Dr. Saurabh Pandey, Deputy Advocate General. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08/08/2025 1. This third 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.43/2020 registered at Police Station – Sakti District- GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.08 19:49:36 +0530 2 Sakti (C.G.) for the offences punishable under Sections 409, 420, 467, 468, 471, 34 of IPC. 2. Case of the prosecution, in brief, is that the District Registrar, on 14/11/2019 found some discrepancy in the account ledger from 01/04/2015 to 30/11/2019, therefore, a 5 member enquiry committee was constituted by the IG (Stamps), who submitted report pointing out the embezzlement, therefore the IG (stamps) directed to lodge report against accused persons, the police on 31/01/2020 lodged first information report (F.I.R.) against 5 accused persons namely; present applicant Set Ram Chouhan (who is the Sub Registrar); Mirza Aslam Baig, In-charge Sub Registrar, Smt. Kanta Ekka, Registration Clerk (In-charge Sub Registrar); Late Gokul Yadav, Peon and Pankaj Yadav, Peon (appointed on compassionate ground) have embezzled an amount to the tune of Rs.50,09,159/- which was detected during audit proceedings, a preliminary enquiry/inspection was made, the accused persons after having recovered the stamp duty and registration charges deposited lesser amount in the treasury through the State Bank of India (SBI). 3. Learned counsel for the applicant submitted that this is the third anticipatory bail application of the applicant, the first anticipatory bail application of the applicant was dismissed as withdrawn on 18/06/2020 vide MCRCA No.398/2020 and the second anticipatory bail application of the applicant was rejected on 3 23/09/2020 vide MCRCA No.1237/2020. Learned counsel would further submit that the applicant is a Sub Registrar and he has also faced a departmental enquiry in which he was given a clean chit and he has filed a CRMP No.2147/2022 and the said CRMP was disposed of by this Court on 18/06/2025 with a direction to conclude the investigation and submit a police report under Section 173(2) of Cr.P.C. and he was granted interim protection for the said period and it is submitted that the applicant has also cooperated with the investigation, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. He would submit that the affidavit filed by the Superintendent of Police goes to show that the erring official who has delayed in the investigation and submitted the charge sheet belatedly, action has been taken and censure entry has been recorded in the service book. 5. I have heard learned counsel for the parties and perused the case diary. 6. Perusal of the record shows that this is the third anticipatory bail application of the applicant, the first anticipatory bail application of the applicant was dismissed as withdrawn on 18/06/2020 vide MCRCA No.398/2020 and the second anticipatory bail application of the applicant was rejected on 23/09/2020 vide MCRCA 4 No.1237/2020. Considering the fact that the applicant who is a Sub Registrar has also faced a departmental enquiry in which he was given a clean chit and he has filed a CRMP No.2147/2022 and the said CRMP was disposed of by this Court on 18/06/2025 with a direction to conclude the investigation and submit a police report under Section 173(2) of Cr.P.C. and he was granted interim protection for the said period and the applicant has also cooperated with the investigation and also considering the affidavit filed by the Superintendent of Police which goes to show that the erring official who has delayed in the investigation and submitted the charge sheet belatedly, action has been taken and censure entry has been recorded in the service book, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the third anticipatory bail application of the applicant is allowed and it is directed that in the event of arrest of the applicant – Set Ram Chouhan, on executing a 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) 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 5 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 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri