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2025 DAILYLAW 8477 (CHH)

PARMESHWAR SARTHI v. STATE OF CHHATTISGARH

MCRCA/225/2025 · 2025-02-13

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Judgment text

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1 2025:CGHC:7746 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 225 of 2025 Parmeshwar Sarthi S/o Pritram Sarthi Aged About 32 Years R/o House No. 501, Sarthipara, Barkhoriya Lailunga, Gahna Jhariya, Raigarh, District- Raigarh (C.G.) (Father's Name Correctly Mentioned) ... Applicant versus State of Chhattisgarh Through PS Sitapur, District Surguja, Chhattisgarh ... Non-applicant For Applicant : Mr. Ishwar Jaiswal, 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 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. 21/2025 registered at Police Station – Sitapur, District – Surguja (C.G.) for the offences punishable under Sections 420, 467, 468, 471 of the Indian Penal Code (for short IPC). 2. According to the prosecution's story, the applicant allegedly obtained public employment based on a mark sheet that was later found to be forged. Upon verification, a Show Cause Notice was ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.14 10:48:48 +0530 2 issued to the applicant by the department. Thereafter, an FIR was registered against the applicant for the offence punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He argues that the applicant acted in good faith throughout the recruitment process and submitted the B.P.Ed. mark sheet, believing it to be genuine, without any knowledge of its fraudulent nature. He further submits that the applicant was unaware that his mark sheet was forged and, upon discovering this fact, immediately resigned. Additionally, the applicant voluntarily deposited one month's salary into the government treasury along with his resignation. He further submits that the applicant has no criminal antecedents, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel, appearing for the non- applicant/State, opposes the bail application of the applicant and submits that applicant allegedly obtained public employment based on a mark sheet that was later found to be forged, therefore, he is not entitled for grant of anticipatory bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, it appears that although the applicant obtained government employment with the 3 help of a forged mark sheet, the applicant, upon discovering this fact, promptly resigned and voluntarily deposited one month's salary into the government treasury along with his resignation, furthermore, the applicant has no criminal antecedents, therefore, without further commenting anything on merits, 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 – Parmeshwar Sarthi, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, 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 Abhishek