1 2025:CGHC:48804 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1480 of 2025 • Deenanath Rajput S/o Ashok Singh Rajput Aged About 34 Years R/o- Village And P.S.Chhotedongar, District- Narayanpur (C.G.) ... Applicant versus • State of Chhattisgarh Through- Station House Officer, Police Station- Kotwali, District- Bastar (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Chandresh Shrivastava, Advocate For Respondent/State : Mr. Swajeet Singh Ubweja, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/09/2025 1. This is the first bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of anticipatory bail to the applicant who is apprehending his arrest in connection with Crime No.265/2025 registered at Police Station Kotwali, District-Jagdalpur (C.G.) under Sections 409, 420 and 34 of IPC. 2. Case of the prosecution, in brief is that complainant filed a written complaint against the main co-accused Maheshwar Rao, who is Accountant in Bhumgadi Mahila Krishak Producer Company Limited, Jagdalpur alleging that in connivance with other officers/employees VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.24 16:56:32 +0530 2 of the said company from the financial year 01.04.2019 to 24.03.2023 from the account of Bhumgadi Company Rs. 35,15,879 got transferred the amount into his and his relatives account, thereby committed fraud. After completion of investigation, it was revealed that the present applicant who was the Ex-CEO of the company has also transferred Rs 9,46,000 into his personal account out of which Rs 80,000 has been adjusted but for the rest Rs 8,66,000 has been embezzled by the applicant himself. The applicant has been mentioned as absconder in the Final Report whose whereabouts are yet to be traced and arrest proceedings are pending, while the permission has been obtained from the IG of police to present a chargesheet against the said applicant u/sec. 193(9) BNSS. 3. Learned counsel for the applicant submits that the present applicant is innocent person and he has falsely been implicated in this case. It is argued by learned counsel for the applicant that the FIR has been lodged against one Maheshwar Rao, who is accountant in Bhumgadi Mahila Krishak Producer Company Limited, Jagdalpur and other employees of said company with respect to incident taken place to 01.04.2019 to 24.03.2023 and stated that the applicant is Physical Training Instructor at Government Higher Secondary School, Chote Dongar District- Narayanpur (C.G.) presently. He further submits that co-accused Maheshwar Rao has already been granted regular bail by the trial Court and facing trial. He also submits that investigation and the conclusion of the trial is likely to take some time, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, the learned State counsel appearing for the respondent/State opposes the bail application and submits that co- 3 accused Maheshwar Rao, who is accountant in Bhumgadi Mahila Krishak Producer Company Limited, Jagdalpur with other officers/employees of the said company from the financial year 01.04.2019 to 24.03.2023 from the account of Bhumgadi Company Rs.35,15,879 transferred the amount into his and his relatives account and present applicant who was the Ex-CEO of the company has also transferred Rs 9,46,000/- into his personal account, out of which Rs 80,000 has been adjusted but for the rest Rs 8,66,000/- has been embezzled by the applicant himself. Therefore, the applicant is not entitled to be released on anticipatory bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the FIR has been lodged against one Maheshwar Rao, who is accountant in Bhumgadi Mahila Krishak Producer Company Limited, Jagdalpur and he has already been granted regular bail by the trial Court and FIR has been filed after five years of the incident against the present applicant, investigation and the conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant –Deenanath Rajput on executing a personal bond with 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 4 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 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 Applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali