1 2025:CGHC:7761 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 211 of 2025 Neeti Diwan W/o Shishir Diwan Aged About 46 Years R/o Ward No. 10, Shankar Nagar, Behind Vidya Jyoti School Kumhari, District- Durg Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station Purani Bhilai, District – Durg, Chhattisgarh. ... Non-applicant For Applicant : Mr. Siddharth Tiwari, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.02.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 570/2024 registered at Police Station – Purani Bhilai, District – Durg (C.G.) for the offence punishable under Sections 420, 406, 408, 409, 34 of the Indian Penal Code (IPC). 2. The prosecution story, in brief, is that the present Applicant was posted as Society Manager from 01.06.2022 to 05.10.2023 in village Somni, Seva Sahkari Samiti Bhilai-3 under District Co-operative Bank Maryadit. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI Date: 2025.02.13 17:35:01 +0530 2 From the year 2020-21 to 2022-23, the then Society In-charge Gajanand Shirke mismanaged the fund and transferred the funds to his own account instead of transferring to the bank's account. The present Applicant raised the issue and subsequently inspection was done and it was found that from 01.04.2020 to 14.08.2023, the staffs of the society have committed irregularity and the amount deposited by farmers was used for personal gain. The total allegation is of INR 78,74,263/- and out of which INR 40,16,775/- is alleged against the applicant. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that as per the annexed documents, it is evident that the applicant has time and again issued notices and informed the higher authorities about the irregularities of book balance and funds. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case diary it transpires that as per the annexed documents, it is evident that the applicant has time and again issued notices and informed the higher authorities about the irregularities of book balance and funds, further the fact that the applicant happens to be a lady, at this stage 3 without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Neeti Diwan on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, 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 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 their adhaar card alongwith a colored 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 themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar