1 2025:CGHC:9378 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 268 of 2025 Shyo Prasad Meena S/o Late Gokul Ram Meena Aged About 46 Years R/o C/o Dynamic Enterprises 65, Globas Township Near Indralok Nagal, Ratlam (M.P.) ... Applicant versus State of Chhattisgarh Through P.S. Mohan Nagar, Durg (C.G.) ... Non-applicant For Applicant : Dr. Shiv Kumar Shrivastava, Advocate. For Non-Applicant/State : Ms. Supriya Upasane, Govt. Advocate. For Objector : Ms. Rajni Soren, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.02.2025 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. 23/2025 registered at Police Station – Mohan Nagar, District – Durg (C.G.) for the offences punishable under Section 420 r/w Section 34 of the Indian Penal Code. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.25 11:17:37 +0530 2 2. According to the prosecution's story, the Judicial Magistrate First Class, Durg, ordered the police at Mohan Nagar, Durg, under Section 156(3) of the CrPC to register a First Information Report against the applicant and two other accused. This order was based on an application filed by the complainant, Mansingh. A crime was subsequently registered at Mohan Nagar Police Station, naming three accused : Shyo Prasasd Meena, a partner of Dynamic Enterprises Company, and Saroj Kumar Senapati and Ramnarayan Sahu, ofÏcers 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 ofÏcers, 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 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 3 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. He also submits that the present applicant has no criminal antecedents therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel as well as learned counsel for the objector opposed the bail application of the present applicant and submitted that the present applicant has 01 criminal antecedent under the IPC of the year 2010, 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 present case is of a purely civil nature, and the applicant has only 01 criminal antecedent under the IPC of the year 2010 which is an old and stale case, 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 – Shyo Prasad Meena, 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 4 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