1 2025:CGHC:48329 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1457 of 2025 Aditya Chandrakar, S/o K.K. Chandrakar Aged About 36 Years R/o Rudri, Dhamtari, Tehsil And District Dhamtari C.G. --- Applicant versus State Of Chhattisgarh Through The Police Station Civil Lines, Raipur, Dist. Raipur C.G. --- Non-applicant Along with MCRCA No. 1462 of 2025 1 - Smt. Ganga Kaushik, W/o Shri Piyush Kant Patanwar, Aged About 36 Years R/o 130/ K, Ward No. 2, Rajeev Nagar, Durg, Tehsil And District Durg (C.G.) 2 - Smt. Varsha Verma, W/o Shri Raghvendra Verma, Aged About 35 Years R/o Plot No. 127/2a, Maitri Nagar, Risali Sector, Bhilai, Tehsil Bhilai, District Durg (C.G.) 3 - Smt. Lata Harit, W/o Shri Lalit Sinha, Aged About 38 Years R/o Senior Mig 68, Housing Board, Mahasamund Tehsil And District Mahasamund (C.G.) 4 - Devesh Kumar Borkar, S/o Shri Yashwant Rao Borkar, Aged About 36 Years R/o Near Cenacle Ashram, Dhenka, Bilaspur, Tehsil And District Bilaspur (C.G.) 5 - Virendra Kumar Sahu, S/o Shri Satish Kumar Sahu, Aged About 35 Years R/o Village Khairtal, Post Kataud, District Janjgir-Champa (C.G.) RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 6 - Vasudeo Porte, S/o Shri Chunnilal Porte, Aged About 39 Years R/o Village Ghasipur, Ratanpur, District Bilaspur (C.G.) 7 - Praveen Kumar Singh, S/o Shri Sankaleshwar Singh, Aged About 35 Years R/o Hospital Colony, Surajpur, District Surajpur (C.G.) ---Applicants Versus State Of Chhattisgarh Through The Police Station Civil Lines, Raipur, District Raipur (C.G.) --- Non-applicant Along with MCRCA No. 1459 of 2025 1 - Alok Khobragade, S/o Shri Kapil Khobragade Aged About 35 Years R/o Quarter No. 9/15, North Vasundhra Nagar, Bhilai- 3, District- Durg Chhattisgarh. 2 - Dinesh Kumar Singh, S/o Shri Mukund Singh Aged About 37 Years R/o Janpat Panchayat Korba, Tehsil And District- Korba Chhattisgarh. 3 - Vinay Kumar Dewangan, S/o Shri Ganga Ram Dewangan Aged About 38 Years R/o Street- 5b, Plot No.72/3a, Maitri Nagar, Risali, Bhilai, District- Durg, Chhattisgarh. 4 - Pramod Nirmalkar, S/o Shri Dwarika Prasad Nirmalkar Aged About 35 Years R/o Ward No. 15, Near Pump House Karkhna, Khatghora, District- District- Korba Chhattisgarh. 5 - Sagar Marchattiwar, S/o Shri Ganesh Marchattiwar Aged About 36 Years R/o Chitlanka By- Pass Road, Dantewada, Tehsil And District- Dantewada, Chhattisgarh. 6 - Vibhor Sahu, S/o Shri D.R. Sahu Aged About 36 Years R/o Ward No. 1, Shivaji Colony, Karwardha, Tehsil And District- Karwardha, Chhattisgarh. ---Applicants Versus State Of Chhattisgarh Through- The Police Station Civil Lines, Raipur, Distt- Raipur Chhattisgarh. 3 --- Non-applicant Along with MCRCA No. 1458 of 2025 1 - Smt. Laxmi Chandrakar, W/o Shri Neeraj Chandrakar Aged About 35 Years R/o Quarter No. 6d, Street No. 31, Sector-5, Bhilai, Tehsil Bhilai, District Durg Chhattisgarh 2 - Tamradhwaj Patel, S/o Shri Guman Singh Patel Aged About 35 Years R/o Sargipal Para, Kondagaon, Tehsil And District Kondagaon Chhattisgarh 3 - Smt. Reenu Sharma, W/o Shri Anurag Sharma Aged About 35 Years R/o Street No. 28, Sector-4, Bhilai, Tehsil Bhilai, District Durg Chhattisgarh 4 - Smt. Hempushpa Patel, W/o Dr. Gitesh Patel Aged About 38 Years R/o Teachers Colony, Kota, Raipur, Tehsil And District Raipur Chhattisgarh 5 - Smt. Krishna Singha, W/o Dr. Kalyan Kumar Singha Aged About 36 Years R/o B-Block, Talpuri International Colony, Bhilai, Tehsil Bhilai, District Durg Chhattisgarh 6 - Smt. Shaheena Anjum Khan, W/o Sarfaraz Ahmed Khan Aged About 37 Years R/o Jeevan Vihar, Telhibandha, Raipur, Tehsil And District Raipur Chhattisgarh 7 - Manish Deo Jain, S/o Late Pawan Kumar Jain Aged About 36 Years R/o H.No. 70, Ram Rama Residency, Mahaveer Nagar, Almlidhi, Raipur, Tehsil And District Raipur Chhattisgarh ---Applicants Versus State Of Chhattisgarh Through The Police Station Civil Lines, Raipur, District – Raipur, Chhattisgarh. ... Non-applicant For Applicants : Mr. Ankur Agrawal, Advocate, Mr. Anirudh Shrivastava, Advocate, Mr. Raza Ali, Advocate, Mr. Chandradeep Prasad, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. 4 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.09.2025 1. These first anticipatory bail applications under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 have been filed by the applicants, they are apprehending their arrest in connection with Crime No. 225/2022 registered at Police Station Civil Line, Raipur, District – Raipur (C.G.) for the offences punishable under Sections 420 and 468 of the 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 attracts the offence under section 420, 468 of I.P.C. and F.I.R. has been registered against the present applicant by the Civil Lines Police Station, Raipur. 5 3. The applicants are innocent and have been falsely implicated in the present case. They were appointed only after due approval from the requisite authorities, and even the department itself has found that the applicants as well as the employee who made the appointments are not at fault, as the advertisement itself was unclear. The FIR has been registered only after the order dated 09.08.2021 passed by the learned JMFC, Raipur, which merely directed investigation before taking appropriate action; however, the police, without conducting any investigation, directly registered the FIR. The prosecution has miserably failed to establish the basic ingredients of the alleged offences. At best, the allegation that the applicants marked "Yes" in the column relating to minimum qualification and enrollment with the employment exchange would only result in rejection of their candidature, but it does not amount to commission of any criminal offence. There is also an unexplained delay of 11 years in lodging the FIR. The applicants are permanent residents of the given address, have no intention of absconding, and are willing to cooperate fully with the investigation. They are the sole bread winners for their families, and continued incarceration would cause irreparable hardship. There is no evidence on record to justify their detention, and even if the allegations are taken at face value, no offence is made out for framing of charge, giving rise to every likelihood of acquittal. therefore, they prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes this anticipatory bail application and submits that the applicants are not entitled to be granted anticipatory bail by this Court. 6 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of learned counsel for the parties, the nature of the allegations, and the material available in the case diary, it is noted that the applicants are still in service and that the present FIR has been lodged after a delay of 11 years by one of the complainants, who is an RTI activist. It is further alleged that the 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 – Aditya Chandrakar, Smt. Ganga Kaushik, Smt. Varsha Verma, Smt. Lata Harit, Devesh Kumar Borkar, Virendra Kumar Sahu, Vasudeo Porte, Praveen Kumar Singh, Alok Khobragade, Dinesh Kumar Singh, Vinay Kumar Dewangan, Pramod Nirmalkar, Sagar Marchattiwar, Vibhor Sahu, Smt. Laxmi Chandrakar, Tamradhwaj Patel, Smt. Reenu Sharma, Smt. Hempushpa Patel, Smt. Krishna Singha, Smt. Shaheena Anjum Khan and Manish Deo Jain on executing a personal bond with 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. 7 (c) The Applicants 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 Applicants and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicants shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar