1 2025:CGHC:54619 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1734 of 2025 Kailash Sarthi S/o Sitaram Sarthi Aged About 26 Years R/o Village Kosir Thana Kosir Teh. Sarangarh District- Sarangarh- Bilaigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Kosir, District- Sarangarh- Bilaigarh (C.G.) ... Respondent For Applicant : Shri Udho Ram Koshaley, Advocate. For Respondent/State : Shri Swajeet Singh Ubeja, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10/11/2025 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.94/2025 registered at Police Station – Kosir, District GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.11 18:40:31 +0530 2 Sarangarh-Bilaigarh (C.G.) for the offences punishable under Sections 318(2), 316(5) of B.N.S. 2. Case of the prosecution, in brief, is that complainant has made written complaint to the concerned police station that society has found during inspection that 3043.22 quintal paddy (total valuation amount of Rs. 94,33,982/-) was missing at Paddy Society of Kosir. Based upon the written complaint, the police has registered the offence under section 318 (4), 338, 336(3), 340, 3(5) of B.N.S. against the accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the applicant has not committed fraud and cheating with the government nor embezzled any amount of the government society nor committed any aforesaid offence. He would submit that co-accused Omnarayan Chandra has been granted anticipatory bail by this Court in MCRCA No.1451/2025 on 19/09/2025, co-accused Vishnu Narayan Chandra has been granted anticipatory bail by this Court in MCRCA No.1447/2025 on 19/09/2025 and co-accused Rahul Kumar Tandon has been granted anticipatory bail by this Court in MCRCA No.575/2025 on 24/04/2025, 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. 3 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 Omnarayan Chandra has been granted anticipatory bail by this Court in MCRCA No.1451/2025 on 19/09/2025, co-accused Vishnu Narayan Chandra has been granted anticipatory bail by this Court in MCRCA No.1447/2025 on 19/09/2025 and co-accused Rahul Kumar Tandon has been granted anticipatory bail by this Court in MCRCA No.575/2025 on 24/04/2025 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 – Kailash Sarthi, 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. (b) The applicant shall not act in any manner which will 4 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