Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:50654
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1565 of 2025 1 - Chhatrapal Sahu Son Of Shri Manohar Lal Sahu Aged About 35 Years Resident Of 138/Ch, Jewadan Marg-7 Ram Nagar, Ward No.2, Kawardha, Tehsil- Kawardha, District- Kabirdham, (C.G.) 2 - Bheem Deo Kurrey Son Of Shri Baldeo Kurrey Aged About 36 Years Resident Of House No.57/2, Telikot, District- Raigarh (C.G.)
...Applicants versus State Of Chhattisgarh Through- The Police Station Civil Lines, Raipur, Dist- Raipur (C.G.)
... Respondent For Applicants : Shri Aniruddha Shrivastava, Advocate. For Respondent/State : Shri Jitendra Shrivastava, G.A.
Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 10/10/2025
1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 have been filed by the applicants, who are apprehending their arrest in connection with Crime GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.10 19:29:59 +0530
2 No.225/2022 registered at Police Station – Civil Lines, Dist. Raipur (CG) for the offences punishable under Sections 420, 468 of IPC.
2. The case in brief is that, the police station Civil Lines, Raipur had registered FIR against the applicants along with others in 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 applicants by the Civil Lines Police Station, Raipur.
3.
Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question and the applicants were appointed only after taking approval from requisite authorities. He would submit that the present FIR has been made only after order dated 09.08.2021 passed by the JMFC, Raipur, which does not direct to register the FIR but directs to investigate first then
3 appropriate action to be taken but the police authorities without investigating directly registers the F.I.R. against the present applicants along with others. He would submit that co-accused persons namely Vividh Singh, Rajkishore Tigga, Kamlesh Chandrakar & Pradeep Baghel have been granted anticipatory bail by this Court in MCRCA No.1293 of 2025 on 26/08/2025 and also co-accused Smt. Yogeshwari Sahu and Mohan Netam have also been granted anticipatory bail by this Court in MCRCA No.1379/2025 on 09/09/2025, therefore, he submits that the present applicants are entitled to be released on anticipatory bail.
4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail.
5. I have heard learned counsel for the parties and perused the materials available on record.
6. Considering the facts & circumstances of the case, submissions of
learned counsel for the parties, considering the fact that co-accused persons namely Vividh Singh, Rajkishore Tigga, Kamlesh Chandrakar & Pradeep Baghel have been granted anticipatory bail by this Court in MCRCA No.1293 of 2025 on 26/08/2025 and also co-accused persons Smt. Yogeshwari Sahu and Mohan Netam have also been granted anticipatory bail by this Court in MCRCA No.1379/2025 on 09/09/2025, therefore, I am inclined to grant anticipatory bail to the present applicants.
7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Chhatrapal Sahu & Bheem Deo Kurrey, on each of them executing a personal bond and one surety in
4 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 them 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. (c) The applicants 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 their 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) The applicants shall not involve themselves in any offence of similar nature in future. Sd/-
(Ramesh Sinha)
Chief Justice gouri