1 2025:CGHC:45395 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1344 of 2025 • Munni Lal Pal S/o Late Shri Mahadev Prasad Pal Aged About 65 Years R/o C/44, Babji Nagar Colony, Near Shankar Mandir, Tifra, Bilaspur Industrial Estate, Bilaspur, District Bilaspur (C.G.) ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station Gariyaband, District : Gariyabandh, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Sunil Pillai, Advocate For Respondent/State : Mr. Jitendra Shrivastava, Government Advocate Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/09/2025 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.00135/2025 registered at Police Station Officer- Gariyaband, District-Gariyaband (C.G.) for the offences punishable under Sections – 34 and 409 of IPC. 2. According to the prosecution story, on 31.07.2025, Shri Donar Prasad Thakur, son of late Shri Firat Ram Thakur, aged 49 years, Deputy Director, Social Welfare, Gariyaband, District Gariyaband (C.G.) submitted a written application, on perusal of which it was found that the acts of accused persons namely (i) Munni Lal and (ii) L.S. Marko prima facie constitute an offence under Sections 409 and 34 of the IPC. Accordingly, a crime was VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.06 17:48:22 +0530 2 registered and the application was taken up for investigation. The application was addressed to the Police Station In-charge, City Kotwali, Gariyaband, District Gariyaband (C.G.), with the subject “Regarding registration of FIR against those who embezzled government money in the investigation of the Joint Investigation Committee.” It was stated therein that the applicant, Shri Kundan Singh Thakur, resident of Raipur, had filed a public complaint against Shri Munni Lal Pal, retired Deputy Director, Social Welfare Department, and others. A written complaint application was also submitted before the Commission, Raipur. For its investigation, a three-member inquiry committee was constituted by the Collector, Gariyaband, on 31.07.2024, comprising (i) Shri Arvind Kumar Pandey, Additional Collector, District Gariyaband, (ii) Shri P.C. Khalkho, District Treasury Officer, Gariyaband, and (iii) Shri Donar Prasad Thakur, Deputy Director, Social Welfare, District Gariyaband. The Joint Inquiry Committee conducted an inquiry into various aspects. During the investigation, the statements of the following witnesses/office staff were recorded:1. Shri Om Prakash Sinha, Assistant Grade-II (then), Shri Pilaram Verma, Assistant Grade-III, Shri Pawan Kumar Soni, Assistant Grade-II. Relevant documents were also obtained from senior offices and banks. The Committee examined the available documents, statements of then employees, and letters issued from various offices. After due verification of the information recorded by the Directorate of Social Welfare, it was found that the demand letters issued from the office of the Deputy Director, Social Welfare Department, Gariyaband, regarding the cheques drawn in the name of the State Destitute Fund, were issued by the then Deputy Director, Social Welfare, Gariyaband, and bore his signatures. However, the outgoing numbers and dates of the said demand letters were not entered in the office’s outgoing register, and the relevant file was not found to have been maintained. None of the office staff had any information regarding the purpose for which the cheques were drawn or to whom the payments were made. The Joint Investigation Committee, in its report, concluded that the then Deputy 3 Directors of Social Welfare, Gariyaband, namely Shri Munni Lal Pal (from March 2018 to March 2022) and Shri L.S. Marko (from 2015 to 2018), had arbitrarily misused government funds to the tune of Rs. 3,25,50,000/- (Rupees Three Crore Twenty-Five Lakh Fifty Thousand) for their personal use and had embezzled government money. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. Further, co-accused has already been granted anticipatory bail by this Court in MCRCA No. 1332 of 2025 vide order dated 03.09.2025, investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail on the ground of parity. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submits that present applicant arbitrarily misused government funds to the tune of Rs. 3,25,50,000/- (Rupees Three Crores Twenty-Five Lakhs Fifty Thousand) for personal use and thereby embezzled government money, therefore, he is not entitled for grant of anticipatory bail in the present case. 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, submissions made by learned counsel for the parties and also considering the fact that FIR has been lodged against the present applicant after nine months of the incident and co-accused has already been granted anticipatory bail by this Court in MCRCA No. 1332 of 2025 vide order dated 03.09.2025, the conclusion of the trial is likely to take some time, without commenting anything on merits, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant –Munni Lal Pal, 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:- 4 (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 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali