1 2025:CGHC:48812 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1460 of 2025 1 - Jeeshan Kazi S/o Irshad Kazi, Aged About 36 Years R/o Main Road, Katghora, Tehsil And District Korba (C.G.) 2 - Arun Kumar Birjey, S/o Shri Sonu Ram, Aged About 36 Years R/o Near Pahuna Dukan, Kedarpur, Ambikapur, District Sarguja (C.G.) 3 - Avinash Raj Sinha, S/o Shri Shiv Kumar Sinha, Aged About 35 Years R/o Near Panchdev Mandir, Mangal Pandey Ward No. 13, Namnakala, Ambikapur, District Sarguja (C.G.) 4 - Manvendra Kumar Singh, S/o Shri Onkar Singh, Aged About 36 Years R/o Village Parsagudi, Balrampur, Tehsil And District Balrampur (C.G.) 5 - Rajkishore Kapil, S/o Shri T.S. Kapil, Aged About 45 Years R/o Ashoka College Teacher Colony, Gali No. 1, Kawardha, Tehsil And District Kawardha (C.G.) 6 - Dharmendra Kumar Sao, S/o Shri Jayram Sao, Aged About 34 Years R/o Village Tetala, Tehsil Pussoure, District Raigarh (C.G.) ... Applicants versus State Of Chhattisgarh Through The Police Station Civil Lines, Raipur, District Raipur (C.G.) ... Respondent GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.24 15:22:03 +0530 2 For Applicants : Shri Ankur Agrawal, Advocate. For Respondent/State : Shri Jitendra Shrivastava, G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23/09/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 have been filed by the applicants, who are apprehending their arrest in connection with Crime No.225/2022 registered at Police Station – Civil Lines, Dist. Raipur (CG) for the offences punishable under Sections 420, 468 of IPC. 2. The case in brief is that, the police station Civil Lines, Raipur had registered FIR against the applicants along with others on pursuance of order dated 09.08.2021 passed by JMFC on application filed under Section 156(3) of Cr.P.C. The allegations raised in the complaint that the Department of Panchayat & Rural Development vide advertisement dated 23.02.2011 invited applications for post of Sub-Engineers which has to be submitted before VYAPAM in prescribed OMR Form. The essential conditions were that the aspirants should have minimum qualification and alive registration certificate with employment exchange. The present applicants were not met with the essential conditions of the advertisement but then also filled the OMR Form in which the present applicants had marked yes column where it is asked having minimum qualification and alive enrollment with employment exchange and gave the exams and further got selected for the post of Sub-Engineer. Therefore, the above act of the present applicants 3 attracts the offence under section 420, 468 of I.P.C. and F.I.R. has been registered against the present applicants by the Civil Lines Police Station, Raipur. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question and the applicants were appointed only after taking approval from requisite authorities. He would submit that the department themselves found present applicants and employee who appointed the applicants and others, are innocent as the advertisement itself is not clear. He would submit that the present FIR has been made only after order dated 09.08.2021 passed by the JMFC, Raipur, which does not direct to register the FIR but directs to investigate first then appropriate action to be taken but the police authorities without investigating directly registered the F.I.R. against the present applicants along with others. He would submit that many co-accused persons have already been granted anticipatory bail by this court. He would submit that there is a delay of 11 years in lodging the F.I.R. which is not explained. He would submit that the applicants are ready to co-operate with the investigation, therefore, he submits that the present applicants are 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. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature of allegations, the material 4 available in the case diary, it is noted that the applicants are still in service, present FIR has been lodged after a delay of 11 years, by the complainant who is an RTI activist, applicants after obtaining due permission, had participated in the examination, as a special case without expressing any opinion on the merits of the case, I am inclined to grant anticipatory bail to the applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Jeeshan Kazi, Arun Kumar Birjey, Avinash Raj Sinha, Manvendra Kumar Singh, Rajkishore Kapil & Dharmendra Kumar Sao, on each of them executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) The applicants 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 applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) The applicants and the surety shall submit a copy of their 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. 5 (e) The applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri