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2026 DAILYLAW 14298 (CHH)

GOVIND RAM CHOUHAN v. STATE OF CHHATTISGARH

MCRCA/60/2026 · 2026-01-12

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Judgment text

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1 2026:CGHC:2024 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 60 of 2026 Govind Ram Chouhan S/o Ramnandan Chouhan Aged About 35 Years R/o Ward No. 15 Bagbahar Road, Near Shiv Mandir, Kukurbhuka, Jashpur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Dantewada District Dantewada Chhattisgarh ... Respondent For Applicant : Shri Hariom Rai, Advocate. For Respondent/State : Shri Nitansh Jaiswal, Dy.G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 13/01/2026 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.127/2025, registered at Police Station Dantewada District Dantewada (C.G.) for alleged commission of offence punishable under Section 318(4) of Bhartiya Nyay Sanhita, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.15 18:54:20 +0530 2 2. Case of the prosecution, in brief, is that Crime No. 127/2025 has been registered at Police Station Dantewada against the applicant, Govind Ram Chauhan, for the offence punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023, on the basis of a written complaint submitted by the In-charge Principal of Gayatri College of Pharmacy, Kumharras, District Dantewada, wherein it is alleged that the applicant was entrusted with administrative as well as PCI related work of the institution and had access to the official email ID and PCI login credentials of the college, and that out of the amount required to be deposited with the Pharmacy Council of India, only a sum of rupees 2,36,000/- was deposited, whereas the remaining amounts of 4,72,000/- and 3,54,000/- were allegedly not deposited and forged receipts were purportedly furnished to the institution, along with allegations of misappropriation of amounts including 1,18,000/- and 59,000/-, and it is further alleged that bank statements were not provided, resulting in difficulties in obtaining PCI affiliation; the said allegations are stated to be based on documentary material and the matter is presently under investigation. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated due to a financial dispute which is purely civil in nature. He would submit that the entire case rests on documentary evidence such as accounts, bills and bank statements, all of which are verifiable without any requirement of custodial interrogation. It is further submitted that there is no material on record to show that the applicant misappropriated any amount for his personal use or that any alleged amount was credited to his personal bank account, no personal gain has been attributed to the applicant. He 3 would submit that no appointment letter, authorization or written mandate was ever issued by the complainant authorizing the applicant either to undertake any work or to receive any amount, and therefore the essential ingredients of entrustment are completely absent. He would submit that the allegation regarding payment for renewal of PCI affiliation is inherently false, as the alleged payment date is beyond the officially notified last date for renewal, rendering the prosecution story improbable. He would submit that the applicant is a permanent resident as shown in the cause title and there is no likelihood of his absconding and he is ready and willing to cooperate with the investigation and to abide by all terms and conditions, including furnishing adequate surety, as may be imposed by this Court, therefore he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. He would submit that the applicant while being entrusted with administrative and PCI-related work of Gayatri College of Pharmacy and having access to the official email ID and PCI login credentials of the institution, allegedly deposited only Rs.2,36,000/- with the Pharmacy Council of India out of the total required amount. It is alleged that the remaining sums of Rs.4,72,000/- and Rs.3,54,000/- were not deposited and that forged receipts were furnished to the institution, further allegations include misappropriation of additional amounts of Rs.1,18,000/- and Rs.59,000/-, non-furnishing of bank statements, and thereby causing difficulty in obtaining PCI affiliation. He would submit that the allegations disclose serious breach of trust, 4 misappropriation and forgery, therefore the applicant is not entitled to be released on anticipatory bail. 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, submission of learned counsel for the parties, materials available on record, further the fact that the applicant was entrusted with PCI-related work of the institution and was given access to official email and login credentials, he allegedly deposited only Rs.2,36,000/- with the Pharmacy Council of India, misappropriated the remaining amounts, and furnished forged payment receipts to the institution, further allegations include misappropriation of additional sums and non-disclosure of bank statements, causing obstruction in obtaining PCI affiliation, the allegations disclose serious breach of trust, misappropriation and forgery and also considering the fact that investigation is still going on, therefore I am not inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the anticipatory bail application of the applicant - Govind Ram Chouhan, involved in Crime No.127/2025, registered at Police Station Dantewada District Dantewada (C.G.) for alleged commission of offence punishable under Section 318(4) of Bhartiya Nyay Sanhita, 2023 is rejected. Sd-Sd S S Sd/- (Ramesh Sinha) Chief Justice gouri