1 2025:CGHC:4251 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 126 of 2025  Sushil Agrawal S/o Late Hetram Agrawal, Aged About 55 Years, R/o Baradwar Sakti, District Sakti (C.G.). ... Applicant versus  State of Chhattisgarh through - Police Station Baradwar, District Sakti (C.G.). ... Respondent For Applicant :- Mr. Manoj Paranjpe, Advocate. For State :- Mr. S.S. Baghel, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/01/2025 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. 373/2020 registered at Police Station – Baradwar, District – Sakti (C.G.) for the offence punishable under Sections 409, 420, 120B of the IPC. 2. Prosecution case, in brief, is that on 24.12.2020 the FIR was lodged against the present applicant that in the year ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.01.25 11:42:16 +0530 2 2012, when he was holding the post of counselor of Nagar Panchayat Naya Baradwar and was a member of PIC Naya Baradwar, had facilitated his own brother namely Satish Agrawal and nephew Shantanu Agrawal for obtaining the false income certificate and got the order of allotment of one shop for his nephew and thereby cause the loss to the State Government. It has been further alleged that Shantanu Agrawal, nephew of the applicant, made an application for allotment of the shop under Mukhyamantri Swawlamban Yojna and had shown his income as 90,000/- per year, whereas, the income certificate of 25,000/- was issued by Nayab Tehasildar Baradwar and thereby committed the offence mentioned in the opening paragraph of the order. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the incident took place in the year 2012 and after 8 years of the incident the FIR was lodged on 24.12.2020. The police had submitted its closer report dated 13.07.2021 before the concerned Chief Judicial Magistrate which was refused by the concerned Chief Judicial Magistrate vide order dated 30.07.2024. Thereafter, the applicant preferred a revision before the Sessions Court which was dismissed vide order dated 10.01.2025 and being aggrieved by order of the learned 3 Sessions Judge, he preferred an application for grant of anticipatory bail which was also rejected and therefore, he preferred the instant application. He further submits that there are three criminal cases against the applicant and in all cases the applicant has already been acquitted of the charges, therefore, the applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non-applicant/State, opposes the bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature and gravity of offence and also considering the fact that the incident is of year 2012 and with a delay of 8 years the FIR was lodged against the applicant and further though there was three criminal cases against the applicant, but he has already been acquitted of the charges levied in that cases, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Sushil Agrawal on executing personal bond and one surety in the 4 like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) the applicant(s) 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) the applicant(s) shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) the applicant(s) 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(s) 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) the applicant(s) shall not involve himself/herself/themselves in any offence of similar nature in future. - Sd/- (Ramesh Sinha) Chief Justice Ankit