1 2025:CGHC:41255 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1240 of 2025 Dinesh Kumar Markandey S/o Girdhar Das Markandey Aged About 35 Years Occupation - Laborer, R/o Village Bagtarai, Post Dilapahri, Police Station Lalbagh, Tahsil And District Rajnandgaon Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Police Station City Kotwali, District Rajnandgaon Chhattisgarh ... Respondent For Applicant : Shri Anmol Sharma, Advocate. For Respondent/State : Shri Nitansh Jaiswal, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14/08/2025 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 his arrest in connection with Crime No.305/2025 registered at Police Station – City Kotwali, District Rajnandgaon (C.G.) for the offences punishable under Sections 61(2), 316(2), 316(5) of the B.N.S. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.18 14:41:02 +0530 2 2. Case of the prosecution, in brief, is that the complainant, Pramila Jureshia, Posted as Deputy Forest Ranger lodged a report before the Police Station City Kotwali alleging that tendu leaves of Lot No. 64, Forest Division Bijapur, and Bhairamgarh were stored in Gurukripa Godown, GE Road, Rajnandgaon, by buyer/co- accused Sudhir Manek, from May 26, 2022, to June 29, 2022. After storage, the godown was locked with two keys one with the buyer Sudhir Manek and the other with the Chief Warehouse Incharge. However, the purchase agreement was cancelled due to non-payment of the purchase amount by Sudhir Manek within the stipulated time. Upon cancellation, the keys were returned to the Chief Warehouse Incharge. On April 24, 2023, a complaint was made by Rajesh Chowthwani, alleging that good quality tendu leaves from the year 2022 had been removed and replaced with old, poor-quality leaves. The case diary includes an investigation report from the Assistant Forest Conservator, which reveals that the accused, along with others, committed a criminal act causing loss to the government. According to the investigation report, a shortage of 2669 sacks worth Rs. 93,34,487 was found. Therefore, the present applicant is apprehending his arrest for an alleged offence Punishable Under Sections 61(2), 316(2), 316(5) of the B.N.S. 3. Learned counsel for the applicant submits that the applicant is innocent person and he has been falsely implicated in this case. He would further submit that similarly situated co- accused 3 persons namely Ishwar Sahu and Jiwan Lal Deshmukh have already been enlarged on anticipatory bail by this Court in MCRC (A) No.1010/2025 on 11/07/2025 & MCRC (A) No. 1045/2025 on 17/07/2025. Therefore, he submits that the present applicant is also entitled to be released on anticipatory bail on the ground of parity. 4. On the other hand, learned State counsel, appearing for the non - applicant/State do not dispute the fact that similarly situated co- accused persons namely Ishwar Sahu and Jiwan Lal Deshmukh have already been enlarged on anticipatory bail by this Court in MCRC (A) No.1010/2025 on 11/07/2025 & MCRC (A) No. 1045/2025 on 17/07/2025. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, materials available on record, considering the fact that similarly situated co- accused persons namely Ishwar Sahu and Jiwan Lal Deshmukh have already been enlarged on anticipatory bail by this Court in MCRC(A) No.1010/2025 on 11/07/2025 & MCRC(A) No.1045/2025 on 17/07/2025, therefore this Court finds it appropriate to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant –Dinesh Kumar 4 Markandey, 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 gouri