1 2025:CGHC:8009 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 229 of 2025 Sanjeeb Kumar Datta S/o Narayan Chandra Datta Aged About 53 Years R/o Flat No. 203, Block B, Laxmi Nagar, Risali, Bhilai, Police Station Newai, District Durg, Chhattisgarh. ... Applicant(s) versus The State Of Chhattisgarh Through Officer-In-Charge, Police Station Bhilai Nagar, District Durg, Chhattisgarh. ... Non-Applicant(s) For Applicant(s) : Mr. Hemant Kumar Agrawal, Advocate. For Non-Applicant(s) : Smt. Supriya Upasane, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.02.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.21/2025 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Bhilai Nagar, District Durg (C.G.) for the offence punishable under Section 406 of the IPC. 2. Prosecution case in brief is that the accused, Sanjeeb Kumar Datta, has been booked under Section 406 of the Indian Penal Code for allegedly embezzling Rs.27,06,759/- from MGM Senior Secondary School, Sector-6, Bhilai, where he was working as an accountant. The school had conducted an internal investigation and found evidence of financial irregularities, which led them to file a complaint with the court. The court accepted the complaint and ordered an investigation, which was conducted by the District Collector, Durg, and the Accountant Officer, Tribal Development, Durg. The investigation revealed that the accused had indeed embezzled the said amount from the school, thereafter, the Court of JMFC, Durg passed an order on 02.12.2024 and directed the police station to register an FIR against the applicant, thus the police station registered an FIR under aforesaid offence. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the case. He further submits that applicant was posted as Head Accountant of the said school, his job was not to collect fee, but to manage the account department of the school and when the Hon’ble High Court directed the Collector, Durg for fair inquiry of the alleged irregularities, but the applicant was not given any opportunity to be heard by the Deputy Collector. He also submits that there is delay 3 in FIR of more than 10 years from the year 2014-15 and about 7 years from the year 2018-19, hence he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that applicant, who was posted as Head Accountant at MGM Senior Secondary School had embezzled Rs.27,06,759/- from MGM Senior Secondary School, Sector-6, Bhilai, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, and the fact that though the applicant, who was posted as Head Accountant at MGM Senior Secondary School had embezzled Rs.27,06,759/- from MGM Senior Secondary School, Sector-6, Bhilai, but the applicant has no criminal antecedent, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Sanjeeb Kumar Datta, on executing a personal bond with one surety in the like sum to the 4 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 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) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil