1 2026:CGHC:657 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1995 of 2025 Tapeshwar Chandra S/o Shri Bhukhan Das Aged About 26 Years R/o Village- Matiyadand, Chowki-Kotmi, Police Station- Pendra, Tahsil- Sakola, District Gaurela-Pendra-Marwahi (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Chowki-Kotmi, Police Station- Gaurela, Distt. Gourella-Pendra-Marwahi (C.G.) ... Respondent For Applicant : Ms. Neeta Tulsani Thawani, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06/01/2026 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.358/2025 registered at Police Station – Pendra, Distt. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.07 19:01:58 +0530 2 GPM (CG) for the offences punishable under Sections 318(4), 336(3), 338, 340(2) of BNS. 2. Case of the prosecution, in brief, is that complainant, Syan Bai Grag, Sarpanch, filed a written complaint on December 1, 2025, stating that earlier a public toilet was constructed near the Gram Panchayat Bhawan under the SBM (Swachh Bharat Mission) scheme. The accused, Tapeswar Chandra, proprietor of Chandra Building Material Supplier, allegedly withdrew Rs. 38,187/- from the 15th Finance Head of Village Panchayat Matiyadand for repairing work of the said public toilet without the knowledge of the complainant and the Gram Secretary, by creating fake documents, including a fake Gram Sabha resolution and fake bills. Upon coming to know about the said illegal withdrawal by the accused, she complained to the Janpad Panchayat, Marwahi and later the accused/applicant deposited it back into the Gram Panchayat account on June 17, 2025. Based on this, offence under sections 318(4), 336(3), 338, and 340(2) of the Bharatiya Nyaya Sanhita (BNS) has been registered against the applicant and the matter is under investigation. 3. Learned counsel for the applicant submits that the amount of Rs.38,187/- allegedly withdrawn by the applicant is said to have been deposited back in the account of Village Panchayat, therefore, she submits that the present applicant is entitled to be released on anticipatory bail. 3 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, materials available on record, considering the fact that amount of Rs.38,187/- allegedly withdrawn by the applicant is said to have been deposited back in the account of Village Panchayat, therefore, 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 – Tapeshwar Chandra, 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) 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 4 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri