1 2025:CGHC:47311 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1416 of 2025 1 - Lalita Chandrakar D/o Baldau Chandrakar Aged About 36 Years R/o A-10 Panchvati Colony, Po- Loharsi, District- Dhamtari (C.G.) 2 - Keshu Chandrakar D/o Amit Chandrakar Aged About 35 Years R/o 138 Patel Para Rang Manch, Kuhda Banrod, District - Dhamtari (C.G.) ...Applicants versus State Of Chhattisgarh Through Police Station Civil Line, District- Raipur, (C.G.) ... Non-applicant For Applicants : Mr. Tapan Kumar Chandra, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.09.2025 1. This first anticipatory bail application 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 & 468 of the IPC. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.16 18:29:20 +0530 2 2. The prosecution story in brief is that the police station civil line Raipur registered FIR no. 225/2022 against the applicants along with other persons in compliance of order of JMFC Raipur on the application u/s 156(3) of CrPC. The allegations levelled in the complaint is that the department of panchayat and rural development advertisement dated 23.02.2011 vide invited applications for the post of Sub Engineers which was to be submitted before vyapam in prescribed OMR form. The essential conditions were that the applicants should have minimum qualifications and live registration certificate with the employment exchange. The present applicants did not possess essential qualification as required in the advertisement but they filled the OMR form in which the present applicants had marked S column, thereby the committed offence u/s 420,468 of IPC. 3. The applicant is innocent and has been falsely implicated in the present case. The appointments of the applicants were duly approved by the competent authority, and no offence has been committed by them. The FIR was registered only after the order dated 09.08.2021 passed by the learned JMFC, Raipur, which merely directed that appropriate action be taken; however, without conducting any investigation, the police directly registered the FIR, which does not disclose the essential ingredients of any offence. There is also an unexplained delay of 11 years in lodging the FIR, initiated by a stranger. The Hon’ble High Court has already granted anticipatory bail to co-accused Vivid Singh and others in MCRCA No. 1293/2025 arising from the same FIR, and therefore, the applicants are also entitled to anticipatory bail on the ground of parity. The applicants are permanent residents with both movable and immovable properties, 3 with no likelihood of absconding or tampering with prosecution witnesses, and they are ready to furnish adequate security and abide by all conditions imposed by this Hon’ble Court. therefore, they prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the applicants. 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 appears that the applicants had participated in the recruitment process. Though the applicants possessed the requisite qualifications, the same were obtained only after the cut-off date, i.e., 23.03.2011. Upon receiving the complaint, a committee was constituted, which found that 89 candidates who were appointed did not possess the requisite qualifications as on the cut-off date. Consequently, an FIR regarding the said recruitment process was lodged by the State in the year 2022. It has further been pointed out that today, a Division Bench of this Court, in Writ Appeal No. 661 of 2025, entertained a petition filed by a person seeking issuance of a writ of quo warranto on the ground that 89 selected candidates did not possess the requisite qualifications and that the rights of eligible candidates were infringed. The Court has called for a return from the State and has also issued notices to the applicants along with other similarly situated persons, insofar as the present criminal case is concerned, the applicants apprehend their arrest in connection with 4 the aforesaid FIR, and therefore, this Court may be pleased to protect their personal liberty. It is also pointed out that a co-accused has already been granted anticipatory bail in MCRCA No. 1293/2025 vide order dated 26.08.2025. Accordingly, without expressing any opinion on the merits of the case, and it being made clear that the order passed in this petition shall not be treated as an observation on the merits of the case for the purpose of trial, 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 – Lalita Chandrakar & Keshu Chandrakar, 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) They 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 them from disclosing such fact to the Court. (b) They shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) They 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 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) they shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav