1 2025:CGHC:49657 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1517 of 2025 • Subhash Mishra S/o Late Shri Radhakishan Mishra, Aged About 67 Years R/o A-4, Aishwarya Kingdom, Kachna Road, Raipur (C.G.) ... Applicant versus • State of Chhattisgarh Through Police Station Acb/ Eow Raipur, District Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Arvind Shrivastava, Advocate For Respondent/State : Dr. Souarbh Kumar Pande, Dy.A.G. Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/10/2025 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.40/2013 registered at Police Station – Anti-Corruption Bureau/State Economic Offence Wingh, Raipur, District- Raipur(C.G.) for the offences punishable under Sections – 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 and 420, 120-B of the Indian Penal Code. 2. As per the case of the prosecution that on 02.07.2009, tender No.MGML/SCERT/2009-10/3029, regarding printing of 8,000 copies VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.07 17:42:56 +0530 2 of Multi learning Multi-grade Cards (herein after referred as MGML cards) of Mathematics, Hindi, Environmental & Science, was floated by Text Book Corporation (TBC), which was, after due procedure, allotted to M/s C.G. Packagers Bhilai & M/s Prabodh & Company Raipur. It is alleged that the printing of MGML cards were not as per the terms of the tender, but payments were made as per dates approved on the basis of tender. It is further alleged that the Applicant, the then General Manager in TBC, along with other co- accused persons, by approving the payments of the bills, had made loss of Rs. 3.6 Crore to the Department. After issuing work order one printer namely M/s Prabodh and Company vide its letter dated 03.11.2009, has informed the TBC that the submission of the cards would be delayed for want of round cutting as the round die-cutting of the papers take more time in comparison to square die-cutting. the said situation was intimated to the State Counsel of Education, Research and Training (for short SCERT) vide letter no. 4468, dated 12.10.2009 & letter dated 4739, dated 06.11.2009. SCERT vide letter no. 3850, dated 07.11.2009, permitted the printing of said articles in 300 GMS papers with square cutting. the offence was registered in the year 2013, in State Economic Offence Investigation Bureau (in short EOW). That, upon the instance of the first informant a F.I.R. No. 40/2013, under sections 120B, 420 of IPC and section 13(1)(d) R/w Section 13(2) of PC Act, has been registered in Police Station State Economic Offence Wing, Civil Line Raipur (C.G.) In anticipation of his arrest applicant had preferred an application under section 438 Cr.P.C for the grant of anticipatory bail before the learned lower court which has been rejected vide order dated 20.09.2019. 3 After rejection of the bail, the applicant had approached the State Government, raising all the grounds against the misguided prosecution and the harassment being caused to the Bonafide officials, in which the erstwhile Chief Minister vide noting dated 12.01.2018, had sought report from the erstwhile Advocate General. Subsequently, another reminder representation was made on 11.09.2023, to the then Hon'ble Chief Minister wherein a direction for re-investigation was made to the learned Director General of Police (EOW). The Applicant in the hope of a re-investigation and the subsequent redressal of his grievance, was waiting in anticipation of the aforementioned directed re-investigation, did not challenge the order dated 20.09.2019. 3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case. It is argued by learned counsel for the applicant is that co-accused namely Sanjay Pillay has already been granted anticipatory bail by this Court in MCRCA No.1395 of 2025 vide order dated 11.09.2025. He further submits that during the course of further investigation supplementary charge-sheet has been submitted against three other co-accused persons and it is further stated that one of the co- accused namely Yugbodh Agrawal S/o Lal Chan Agrawal has already been granted anticipatory bail by the Co-ordinate Bench of this Court in MCRCA No.1043 of 2019 on 12.07.2019. He also submits that investigation and trial are likely to take time, therefore, present applicant is entitled to be released on anticipatory bail on the ground of parity. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail of the present applicant. 4 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, submissions made by learned counsel for the parties and also considering the fact that co-accused namely Sanjay Pillay has already been granted anticipatory bail by this Court in MCRCA No.1395 of 2025 vide order dated 11.09.2025. He further submits that during the course of further investigation supplementary charge-sheet has been submitted against three other co-accused persons and it is further stated that one of the co-accused namely Yugbodh Agrawal S/o Lal Chan Agrawal has already been granted anticipatory bail by the Co-ordinate Bench of this Court in MCRCA No.1043 of 2019 on 12.07.2019, without commenting anything on merits, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Subhash Mishra, 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 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 his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which 5 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 vaishali