1 2025:CGHC:52577 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1638 of 2025 Umashankar Tiwari S/o Akharam Aged About 61 Years Caste - Brahmin, Profession - Assistant Accountant (Then In-Charge Branch Chandrapur Branch), Branch Hasaud, Suspended Assistant Accountant, Kargi Road, District Bilaspur Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Chandrapur, District Sakti Chhattisgarh ...Non-applicant For Applicant : Mr. Shakti Raj Sinha, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.10.2025 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. 89/2025 registered at Police Station – Chandrapur District – Sakti (C.G.) for the offences punishable under Section 316 of the BNS. 2. The prosecution story in brief is that, District Cooperative Central Bank Ltd on 09.09.2025, the Nodal Officer of Bilaspur submitted a written VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.29 13:05:10 +0530 2 notice to the effect that as per Head Office letter no. 2064 dated 01.09.2025, letter dated 06.08.2025 submitted by the In-charge Branch Manager, Branch Chandrapur, Preliminary Inquiry Report dated 03.09.2025 submitted by the Inquiry Officer and Head Office letter no./2112/Sthga/2025 Bilaspur dated 04.09.2025, it has been found that during the tenure of working at Branch Chandrapur, applicant received the loan recovery amount from the indebted farmers of Branch Chandrapur of Rs. 4,96,375.00 through challan was not deposited in the loan account. Hence this offence. 3. The applicant submits that she is innocent and has been falsely implicated in the present case. He further submits that in the present case without any cogent evidence and has not committed any act constituting an offence under Section 316 of the BNS. His implication appears to be the result of internal administrative issues within the District Cooperative Central Bank Ltd., and he has neither caused any wrongful loss to the bank nor derived any wrongful gain. The applicant was arbitrarily suspended from service on 04.09.2025 without prior notice or opportunity of hearing, in violation of the principles of natural justice. Despite his written request dated 06.09.2025 seeking reasons and relevant documents, the authorities failed to respond, and the FIR was lodged on 26.09.2025 even before the expiry of time granted for his reply, reflecting mala fide intent. The alleged amount of Rs.4,96,375/- was duly received through the official challan process, and there is no material to show any personal misappropriation. The applicant has rendered long and honest service without any prior complaint, is an elderly person suffering from serious ailments including cataract and diabetes, and his arrest would cause grave 3 hardship. He is a permanent resident at the address mentioned in the cause title and undertakes to furnish surety and comply with all conditions imposed by this Hon’ble Court, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel, appearing for the non- applicant/State, opposes the bail application of the applicant. 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 the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, this Court, without expressing any opinion on the merits, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Umashankar Tiwari, 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:- (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 4 and every date given to her 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 Vaibhav