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2025 DAILYLAW 38130 (CHH)

PRASHANT MISHRA v. STATE OF CHHATTISGARH

MCRCA/1170/2025 · 2025-08-03

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Judgment text

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1 2025:CGHC:38490 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1170 of 2025 • Prashant Mishra Son Of Jatashankar Mishra, Aged About 29 Years Resident Of Shanti Nagar, Railway Station Champa, District Janjgir - Champa (C.G.) ... Applicant versus • State Of Chhattisgarh Through - The Station House Officer, Police Station Sirgitti, District Bilaspur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Yogendra Chaturvedi, Advocate For Respondent/State : Ms. Vaishali Mahilong, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04/08/2025 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 her arrest in connection with Crime No.354/2025 registered at Police Station – Sirgitti, District-Bilaspur (C.G.) for the offences punishable under Section 316(4) of BNS. 2. Case of the prosecution, in brief, is that the complainant's namely Chandan Pandey, who is working as General manager Sales in the Mahindra Show Room Sirgitti made complaint to the concerned Police Station that the present applicant was also working in the said VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.06 10:44:06 +0530 2 show room as Sales manager and after the all worked done at Pebndra Branch, the present applicant will deposited all the amount of the Pendra Branch to the Officer of Sirgitti, but on 17.10.2023, the amount of Rs.4,54,000/- has not been deposited to the in the Sirgitti Branch, therefore crime has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and she has been falsely implicated in the present case. He would submit that applicant was working in the Mahindra Show Room, Sirgiiti from 17.10.2023 and during his service period of two years, no complaint was received against him. He also submits that applicant’s salary for about four months i.e., January, 2024, March, 2024, November,2024 and January,2025 is also pending in said company and FIR has been lodged after five months, when the applicant resigned from the job due to personal enmity. He also submits that investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, also considering the fact that the FIR has been lodged after five months, when the applicant resigned from his job, investigation and trial are likely to take time, therefore, I am inclined to grant anticipatory bail to the present applicant. 3 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Prashant Mishra 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 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 vaishali