1 2025:CGHC:10287 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 266 of 2025 1. Saroj Kumar Senapati S/o Late Sadhu Charan Senapati Aged About 57 Years Chief Project Manager, Presently Posted And Resides At Railway Wagon Repair Workshop, Vadlapudi, Visakhapatnam (A.P.). ... Applicant versus 1. State Of Chhattisgarh Through P.S. Mohan Nagar, Durg Chhattisgarh. ... Non-applicant For Applicant : Dr. Shiv Kumar Shrivastava, Advocate For Non-applicant : Ms. Supriya Upasane, Govt. Advocate SB: Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.03.2025 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.23/2025 registered at Police Station Mohan Nagar, District Durg (C.G.) for the offence NISHA DUBEY Digitally signed by NISHA DUBEY Date: 2025.03.04 12:15:54 +0530 2 punishable under Section 420 r/w Section 34 of the Indian Penal Code, 1860. 2. Case of prosecution, in brief, is that pursuant to order passed by the learned Judicial Magistrate First Class, Durg, on the complaint filed by the complainant directing the police to register FIR against the applicant and two co-accused persons, instant offence is registered at Mohan Nagar Police Station, against Shyo Prasasd Meena, a partner of Dynamic Enterprises Company, and Saroj Kumar Senapati and Ramnarayan Sahu, officers of the South Eastern Central Railway. The case pertains to an OBH contract awarded to Dynamic Enterprises by the Railways in July 2018. Shyo Prasad Meena submitted bills for contract work to railway officers, which were accepted and approved by Ramnarayan Sahu, authorizing payment against the bill vouchers. The accused allegedly conspired to embezzle the salaries of the complainant and other workers. After obtaining information through the Right to Information Act, it was discovered that the accused had conspired to falsify bills using forged signatures of workers employed by Dynamic Enterprises. The accused allegedly forged the signatures of the complainant and other workers, using these 3 documents within the Railway Department. Fake documents were also prepared to withdraw an advance amount of Rs. 26,23,776.00 in the name of the workers. The workers had filed a complaint before the Regional Labour Commissioner (Central) in Raipur, who ordered the payment of Rs. 52,47,552/- to the workers. Since this payment has not been made, the accused have allegedly cheated the complainant. An offence has been registered under Section 420 read with Section 34 of the IPC against the three accused, and an investigation is underway. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He argues that the facts stated in the complaint against the applicant are civil disputes and do not constitute any criminal offence. Applicant has no criminal antecedents. Co-accused Shyo Prasad Meena has already been extended benefit of anticipatory bail vide order dated 24.2.2025 in M.Cr.C. (A) No.268/2025. Therefore, he prays for grant of anticipatory bail to the applicant on the ground of parity. 4. On the other hand, learned State counsel opposed the bail application of present applicant. 4 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence, there is no criminal antecedent against the applicant and co-accused has already been granted anticipatory bail by this Court vide order dated 24.2.2025 in M.Cr.C. (A) No.268/2025, without 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 applicant – Saroj Kumar Senapati, 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) 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. 5 (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 nisha