1 2025:CGHC:48110 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1448 of 2025 1 - Harishankar Raikwar S/o Ganesh Prasad Raikwar Aged About 60 Years R/o Vikas Nagar, Kusmunda, Thana Kusmunda, Tahsil Katghora, District - Korba (C.G.) Present Address Darbhanga Chowk Railwayn Colony Thana And District - Shahdol (M.P.) 2 - Usha Kiran Raikwar W/o Harishankar Raikwar Aged About 59 Years R/o Vikas Nagar, Kusmunda, Thana Kusmunda, Tahsil Katghora, District - Korba (C.G.) Present Address Darbhanga Chowk Railwayn Colony Thana And District - Shahdol (M.P.) ... Applicants versus State Of Chhattisgarh Through P.S. Kusmunda, District – Korba (C.G.) ... Non-applicant For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 18.09.2025 1. The applicants have preferred this anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending their arrest in connection with Crime No. 269/2025, registered at Police Station – Kusmunda, District – Korba (C.G.) for alleged commission of offence punishable under Sections 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 2. As per the prosecution story in brief, is that the complainant namely Smt. Lekika Chandra who is Vice President of Chandra Swalajan Kalyan Samiti, Korba has filed complaint case under Section 175(3) of the BNSS against the applicants before learned JMFC, Katghora, District – Korba (C.G.), stating that the applicants have taken money of Rs. 28,10,000/- from Samiti for treatment but they have not returned the amount, therefore, the Samiti has filed the complaint case against them, and on the basis of the complaint, the FIR was registered against the applicants. Hence, this application. 3. The learned counsel for the applicants has argued that the applicants are completely innocent and falsely implicated in the present case. It is further submitted that the applicants happen to be husband and wife, and the health of the applicant No.2 is not in a good condition. It is further submitted that the applicant No.1 is aged about 60 years and was SECL employee and at present retired from the service on 30.06.2025. Therefore applicants are entitle for grant of bail. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submitted that, it transpires that the complainant namely Smt. Lekika Chandra who is Vice President of Chandra Swalajan Kalyan Samiti, Korba has filed complaint case under Section 175(3) of the BNSS against the applicants before learned JMFC, Katghora, District – Korba (C.G.), stating that the applicants have taken money of Rs. 28,10,000/- from Samiti for treatment but they have not returned the amount, therefore, the Samiti has filed the complaint case against them, and on the basis of the complaint, the FIR was registered against the applicants. Therefore, the present anticipatory bail application of the applicant is liable to be rejected. 3 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts & circumstances of the case, allegations levelled against the applicant in the FIR, and from the perusal of the records available, it transpires that the complainant namely Smt. Lekika Chandra who is Vice President of Chandra Swalajan Kalyan Samiti, Korba has filed complaint case under Section 175(3) of the BNSS against the applicants before learned JMFC, Katghora, District – Korba (C.G.), stating that the applicants have taken money of Rs. 28,10,000/- from Samiti for treatment but they have not returned the amount, therefore, the Samiti has filed the complaint case against them, and on the basis of the complaint, the FIR was registered against the applicants, thus, I am not inclined to grant anticipatory bail to the applicants. 7. Accordingly, the Anticipatory Bail application of the applicants – Harishankar Raikwar and Usha Kiran Raikwar, filed under Section 482 of the BNSS, 2023 in connection with Crime No. 269/2025, registered at Police Station – Kusmunda, District – Korba (C.G.) for alleged commission of offence punishable under Sections 318(4) and 3(5) of the BNS, is rejected. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar