1 2025:CGHC:56603 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1829 of 2025 Hemant Kumar Singh S/o Basant Kumar Singh Aged About 46 Years R/o Kalika Nagar, Bilaspur, District Bilaspur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station - Chakarbhatha, District - Bilaspur Chhattisgarh ... Respondent For Applicant : Mr. Aman Upadhyay, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.11.2025 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.449/2025 registered at Police Station – Chakarbhatha, District - Bilaspur (C.G.) for the offences punishable under Sections 316(4) of the BNS 2023. 2. The case of Prosecution in brief is that the complainant Prashant Nigam who is Senior Manager of SARCO Road Lines Pvt. Ltd. submitted a written complaint against the applicant stating that the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.21 11:25:19 +0530 2 Applicant had failed to deposit an amount of 15,12,489 received from ₹ the Company's clients, into the Company's account and had thereafter switched off his mobile phone and without any information he stopped attending office. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant had been working as the Transport Manager at the Bilaspur Branch of SARCO Road Lines Pvt. Ltd. since 01.07.2023, and during his tenure not a single allegation of negligence or misconduct was ever made against him. Due to deductions in his salary, he resigned on 30.07.2025 through email and on the same day handed over all branch keys, stock, records, and documents to the then Regional Manager, Mr. Harpradeep Vishwabihari Nath, who raised no objection regarding any record at that time. However, after three months, on 01.11.2025, the complainant, Prashant Nigam, lodged a complaint alleging that the applicant failed to deposit Rs.15,12,489 received from clients and thereafter stopped attending office. The allegation is based solely on the company’s balance sheet for the period 01.05.2025 to 30.07.2025, which was verified and accepted without objection by the Regional Manager on the date of resignation. After the applicant’s resignation, another person was appointed as Transport Manager, but this fact was suppressed by the complainant. Despite this being a civil dispute relating to accounts, the police registered the FIR on the same day without conducting the mandatory preliminary enquiry required under Section 173(3) BNSS, even though the offence carries a punishment of up to seven years. The applicant has never acted with dishonest intention, and all transactions were 3 made through the company’s software; if any discrepancy exists, it is likely due to an accounting or technical error. The complaint itself reveals that data entry was done by one Lokesh Kosle, who is absconding, and that the Regional Manager himself deliberately failed to clear the amount despite repeated requests, yet neither of them has been made an accused, showing that only the applicant has been unfairly targeted. The matter is essentially civil in nature and has been maliciously projected as a criminal case to harass the applicant. There is no requirement for custodial interrogation, as all company records are already with the company in electronic form and inaccessible to him. The applicant has no criminal antecedent, the offence is triable by a Magistrate, and being a permanent resident, there is no likelihood of his absconding or tampering with evidence. He is ready to furnish adequate security and abide by any conditions imposed by the Hon’ble Court while granting bail. 4. On the other hand learned State counsel 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, submissions of learned counsel for the parties and nature of dispute and materials available on record, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Hemant Kumar Singh, on executing 4 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) he 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav