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2025 DAILYLAW 52064 (CHH)

VYAS NARAYAN SHARMA v. STATE OF CHHATTISGARH

MCRCA/1537/2025 · 2025-10-08

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Judgment text

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1 2025:CGHC:50496 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1537 of 2025 Vyas Narayan Sharma S/o Late Mattulal Sharma, Aged About 64 Years, R/o Ward No. 07 Bemetara, P.S. Bemetara, Tehsil and District - Bemetara (C.G.) ... Applicant versus State of Chhattisgarh Through The S.H.O., Police Station Nawagarh, Bemetara (C.G.) ... Non-Applicant For Applilcant : Mr. B.P.Sharma with Mr. Pushp Kumar Gupta, Advocates. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.10.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 210/2025 registered at Police Station – Nawagarh, District - Bemetara (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 120(B) of the Indian Penal Code (wrongly mentioned as B.N.S.S. and/ or B.N.S., in the order of the learned Trial Court). PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.09 19:04:00 +0530 2 2. As per the allegations contained in the F.I.R., it is, in sum and substance, stated that without following the due procedure laid down under the relevant rules, one Narendra Thakur, who was then the Society Manager of Seva Sahakari Samiti, Nawagarh/Nevsa, used to convene meetings of the Board of Directors. Citing a paucity of funds in the society for the purpose of paddy procurement and other official work, he would allegedly get resolutions passed to obtain loans from the Zila Sahakari Kendriya Bank Maryadit, Durg. It is further alleged that he embezzled the loan amounts by using inflated and suspicious bills. Additionally, he is accused of misappropriating certain deposits made by the members, which were deposited into the savings account of the society and then withdrawn using forged bills. It is also alleged that the present applicant, along with one Anand Tamboli, who was the President of the Seva Sahakari Samiti, Nawagarh, was involved in the said acts. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the FIR has been lodged after an inordinate delay of four years, as the alleged incident took place back in the year 2021, whereas the FIR was registered only on 27.08.2025. At the relevant time, the applicant was serving as the Branch Manager and has since retired. The applicant has no previous criminal antecedents. Therefore, a prayer is made for the grant of anticipatory bail to the applicant. 4. On the other hand, the learned State Counsel opposes the bail 3 application. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and the fact that the FIR has been lodged after an inordinate delay of four years, as the alleged incident took place back in the year 2021, whereas the FIR was registered on 27.08.2025, also considering the fact that at the relevant time, the applicant was serving as the Branch Manager and has since retired, further the applicant has no previous criminal antecedents, hence, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Vyas Narayan Sharma on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The Applicant 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 his from disclosing such fact to the Court. (b) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant 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 4 shall be verified by the trial Court. (e)The Applicant shall not involved himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti