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2026 DAILYLAW 16906 (CHH)

HARIRAM KASHYAP v. STATE OF CHHATTISGARH

MCRCA/222/2026 · 2026-02-11

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Judgment text

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1 2026:CGHC:7896 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 222 of 2026 1 - Hariram Kashyap S/o Bhishm Lal Kashyap Aged About 25 Years R/o Bhogahapara, Shivrinarayan, District Janjgir-Champa, Chhattisgarh. 2 - Vikas Kashyap S/o Ramdulari Kashyap Aged About 23 Years R/o Ward No. 19, Borda Mod, Tahsil Pamgarh Loharsi, District Janjgir-Champa, Chhattisgarh. 3 - Shankar Giri S/o Pardeshi Giri Aged About 38 Years R/o Ward No. 16, Electricity Office Main Road Pamgarh, District Janjgir-Champa, Chhattisgarh. 4 - Roshan Kurre S/o Shankar Lal Kurre Aged About 29 Years R/o Ghirva, District Sakti, Chhattisgarh. 5 - Dinesh Kumar Sidar S/o Ishwar Singh Aged About 30 Years R/o Ward No. 18, Bhatapara, Semariya Pamgarh, District Janjgir-Champa, Chhattisgarh. ... Applicants versus 1 - State of Chhattisgarh Through Police Station Pamgarh, District Janjgir- Champa, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Vikas Shrivastava, Advocate For Respondent/State : Ms. Anusha Naik, Dy.G.A. For Objector Mr. Bennoon, Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.02.2026 VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.14 13:08:52 +0530 2 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No.17/2026 registered at Police Station – Pamgarh, District : Janjgir-Champa, (C.G.) for the offences punishable under Sections 316(4), 316(5), 3(5) of Bhartiya Nyay Sanhita (for short, BNS) 2023. 2. As per the prosecution’s case, in brief is that the complainant, a resident of Village Podi (Rakha), works as a District Coordinator for Prime One Workforce Pvt. Ltd. since May 2025, providing and controlling manpower for liquor shops in Janjgir- Champa. Applicant No. 1 was the Head Salesman, and Applicant no. 2 to 4 were Salesmen and Applicant no. 5 was Multipurpose worker at the Videshi Liquor Shop in Pamgarh. On 08.12.2025, Excise Sub- Inspectors conducted a physical inspection of the shop in the presence of the applicants. Upon reviewing the stock register, discrepancies and tampering were allegedly found between the opening and closing stocks of 01.12.2025 and 02.12.2025 to mislead authorities. The inspection found a total sale and CMS bank deposit of Rs. 23,83,490 from 01.12.2025 to 07.12.2025. On 08.12.2025, cash of Rs. 3,86,420 was found in the shop. The expected total (bank deposit + cash) based on stock should have been 31,21,420, but ₹ only *27,69,910 was found, resulting in a shortage of 3,51,510. The ₹ applicants allegedly failed to provide satisfactory answers regarding this shortage when questioned. On 09.12.2025, the employees allegedly agreed to repay the shortage. A "Panchnama" (memo) was prepared by Excise Sub-Inspector Ramesh Singh Sidar in the presence of witnesses, where the employees admitted to the shortage. The applicants deposited the amount in following manner: Hariram 3 (Rs. 2,11,210), Shankar Giri (Rs. 50,000), Vikas (Rs. 20,000), Roshan (Rs. 50,000), and Dinesh (Rs. 20,000). Statements regarding these deposits were recorded. A separate Panchnama was made regarding these payments. Based on these facts, the complainant filed a written report on 14.01.2026 alleging loss of government revenue, leading to the registration of the FIR, the crime is under investigation and thus applicants apprehend their arrest in the said crime. Hence, the present application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He also submits that the FIR itself shows that the alleged embezzled amount stands already paid by the applicant’s on 09.12.2025 and no objection in granting bail to the applicant has also been filed by the complainant. Therefore, he submits that the present applicants are also entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the bail application and submits that applicant No. has one criminal antecedent bearing crime NO.537 of 2024 for offence under Section 294, 506(2), 323 and 34 of IPC, which has been compromised. 5. Learned counsel for the Objector submits that no objection in granting bail to the applicants has also been filed by the complainant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature of allegations, the material placed on record, it is apparent that the alleged embezzled amount stands already paid by the applicant’s on 4 09.12.2025 and no objection in granting bail to the applicant has also been filed by the complainant and there are no other criminal antecedents against applicants No.2 to 5. Hence, I am inclined to grant anticipatory bail to the present applicants. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant No.1 – Hariram Kashyap applicant No.2- Vikas Kashyap, applicant No.3-Shankar Giri, applicant No.4-Roshan Kurre and applicant No.5-Dinesh Kumar Sidar, 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 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 vaishali