1 2025:CGHC:42428 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1270 of 2025 Mukesh Kumar Mishra S/o Jairam Mishra Aged About 35 Years Occupation - Service, R/o Bilra Colony, Khedi, Mubarakpur, Birla Tyres, Laksar Haridwar, Uttarakhand, 247633, At Present R/o Ramghat, Ramsewak Puram, Near Vivek Srishti, Ayodhya, District Ayodhya (UP) Pin – 224123. ... Applicant versus The State Of Chhattisgarh Through S.H.O. Police Station - Manipur, District - Surguja (C.G.) ... Respondent For Applicant : Shri Rishikant Mahobia, Advocate. For Respondent/State : Shri Malay Jain, PL. For objector : Shri A.K. Yadav, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21/08/2025 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.148/2025 registered at Police Station – Manipur, District : Surguja (C.G.). for the offences punishable under Sections 318(4), 61(2) of BNS. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.22 17:56:49 +0530 2 2. Case of the prosecution, in brief is that complainant namely Rahul Ranjan, Director of Ambika Parboiled Product Private Limited has lodged a report with an allegation that present applicant alongwith other co-accused persons have committed misappropriation of 90-100 ton gram amounting to Rs. 55-60 lacs from the stock of the company from the period of 01.09.2024 to 31.01.2025. Hence FIR has been registered against the present applicant as well as other co-accused persons. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated by the complainant and no such offence have been committed by him and the applicant was employee of B.M. Foods, there was no nexus with Ambika Parboiled Product Private Limited and alleged misappropriation was done in the office of Ambika Parboiled Product Private Limited, since the work of the applicant was excellent, therefore, he was given promotion by the company as Production Manager but as a Production Manager, he was not working with the affairs of Ambika Parboiled Product Private Limited, only on the basis of this fact that the applicant was Production Manager, he cannot be held liable for misappropriation of gram committed by the employee of Ambika Parboiled Product Limited. He would submit that from the perusal of FIR, it seems that without verifying the documents and records, it was alleged that 90-100 ton gram has been misappropriated by the applicant and other co-accused persons amounting to Rs. 55-60 lacks but there is no such evidence is available on record. He would submit that co-accused namely Intijar Choudhary has been granted 3 regular bail by this court in MCRC No.5200/2025 on 07/08/2025, therefore, he submits that the present 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 prayer for grant of anticipatory bail. 5. Learned counsel for the objector also vehemently opposes the prayer for grant of anticipatory bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of allegation levelled against the applicant and also considering the fact that co-accused namely Intijar Choudhary has been granted regular bail by this court in MCRC No.5200/2025 on 07/08/2025, therefore, I am inclined to grant anticipatory bail to the present applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Mukesh Kumar 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) 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 him from disclosing such fact to the Court. 4 (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 gouri