Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:51718
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1469 of 2025 Joseph Minj S/o Lt. K.Minj Aged About 66 Years R/o Baniya Tree, Villa No. 10, Khamhardih, Raipur, Tahsil And District- Raipur (C.G.)
... Applicant versus State Of Chhattisgarh Through- Station Incharge Anti Corruption Bureau/Economic Offences Wing, Raipur, District- Raipur (C.G.)
... Respondent For Applicant : Shri Arvind Shrivastava, Advocate. For Respondent/State : Shri Jitendra Shrivastava, GA.
Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 16/10/2025
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 – ACB/EOW Raipur (C.G.) for the offences punishable under Sections 120B & 420 IPC and 13(1)(d) & 13(2) PC Act. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.17 18:00:35 +0530
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2. According to the prosecution, on 02.07.2009, the Text Book Corporation (TBC) issued Tender No. MGML/SCERT/2009-10/3029 for printing 8,000 copies of Multigrade Multilevel (MGML) Learning Cards for Mathematics, Hindi, Environmental Studies, and Science. The tender was awarded to M/s C.G. Packagers, Bhilai and M/s Prabodh & Company, Raipur following due procedure. It is alleged that the printing of MGML cards was not done as per the tender specifications, but payments were nevertheless approved and released on the basis of the tender rates. The prosecution claims that by approving such payments, the then Managing Director of TBC (present applicant), along with co-accused officials and contractors, caused a loss of Rs.3.6 crore to the Government. Subsequently, the printers had informed TBC that 330 GSM paper was unavailable and requested permission to use 300 GSM paper with square die-cutting instead of round cutting to meet the delivery schedule. This modification was communicated to and approved by SCERT vide letters dated 07.11.2009, thereby authorizing the use of 300 GSM paper. Despite this approval, the Anti-Corruption Bureau/Economic Offence Wing (ACB/EOW) registered FIR No.40/2013 under Sections 120B and 420 of the IPC and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988, alleging conspiracy, cheating, and misuse of official position in the approval and payment process.
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Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would further submit that entire prosecution story is false and is based on no cogent material which would implicate the applicant for the offences he is being alleged with. He would further submit that co-accused Sanjay
3 Pillay has been granted anticipatory bail by this Court in MCRCA No.1395/2025 on 11/09/2025 and also co-accused Subhash Mishra has been granted anticipatory bail by this Court in MCRCA No.1517/2025 on 06/10/2025. He also submits that investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail on the ground of parity.
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 material available on record.
6. Considering the facts & circumstances of the case, submission of
learned counsel for the parties, material available on record, considering the fact that co-accused Sanjay Pillay has been granted anticipatory bail by this Court in MCRCA No.1395/2025 on 11/09/2025 and also co-accused Subhash Mishra has been granted anticipatory bail by this Court in MCRCA No.1517/2025 on 06/10/2025, without commenting anything on merits of the case and also considering the fact that investigation and trial are likely to take some time, 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 – Joseph Minj, 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) The applicant shall not directly or indirectly make any inducement, threat or promise to any person
4 acquainted with the facts of the case so as to dissuade him 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 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 shall not involve himself in any offence of similar nature in future. Sd/-
(Ramesh Sinha)
Chief Justice
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