Extracted from the PDF above. The PDF is authoritative.
2026:CGHC:22602 NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 740 of 2026 Munir Ahmad S/o Sarfaraj Ahmad Aged About 36 Years R/o Dewangan Para, Purani Basti, Korba, Tahsil And District Korba Chhattisgarh
... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Katghora, District Korba Chhattisgarh --- Respondent ________________________________________________________ For Applicant : Mr. C.R. Sahu, and Mr. Rustam Sahu, Advocates For State : Mr. Sanjeev Pandey, Dy. A.G. ________________________________________________________ Hon'ble Shri Justice
Narendra Kumar Vyas
Order on Board 13/05
/2026
1. This is the first bail application filed by the applicant under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of anticipatory bail, who has apprehension of being arrested in connection with Crime No. 197/2023, registered at Police Station– Katghora, District- Korba (C.G.) for the offence punishable under Sections 420, 457, 380, 406, 411, 34 of I.P.C.
2. Case of the prosecution, in brief, is that the complainant Gourav Modi lodged a written complaint to Superintendent of Police, Korba on 14.05.2023 referring to complaint dated 10.01.2020 to T.I. Katghora alleging that one Munir Ahmad has committed theft Digitally signed by JYOTI JHA Date: 2026.05.14 11:20:59 +0530
of motor parts in the year 2020, but no action has been taken by the prosecution. Thereafter, an application under Section 156(3) of the Cr.P.C. before Judicial Magistrate First Class was filed by the complainant alleging that complainant runs a firm namely Krishna & company and deals in motor spare parts and co- accused namely Munir Ahmad was manager in his firm. In January, 2020, spare parts were found shortage, on being enquired, Munir Ahmed disclosed that he used to sell the spare parts to the applicant in MCRCA No. 694/2023-Avinash Murarka who is owner of Tirupati Motor Champa & applicant in MCRCA No. 883/2023- Devendra Kumar Dewangan, who is an employee of Avinash Murarka. On the basis of the application filed under Section 156 (3) Cr.P.C., the Judicial Magistrate First Class
directed for registration of FIR against applicant, therefore, offence afore-stated has been registered against the applicant.
3.
Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the crime in question.He would further submit that the registration of FIR is in violation of law laid down by Hon'ble the Supreme Court in Lalita Kumari Vs. Uttar Pradesh & others reported in (2014) 2 SCC 1. He would further submit that more than 200 staff members were appointed under applicant's firm and false complaint has been made by the complainant because of business rivalry. He would further submit that there is manipulation on the inventory and on that basis calculation of theft has been taken to the tune of Rs. 21,35,000/-. He would further submit that Avinash Murarka has already returned amount of Rs. 20,25,970/- to the complainant.
4.
Learned counsel for the applicant further submit that co-accused persons have already been granted anticipatory bail by this Court, therefore, the applicant may kindly be granted anticipatory bail on the count of parity and would pray for allowing the present bail application.
5. On the other hand, learned counsel for the State opposing the anticipatory bail application submits that there is clear allegation
against the applicant regarding commission of offence. Hence, it is prayed that the application for grant of anticipatory bail may be rejected.
6. Heard learned counsel for both the parties and perused the case diary.
7. Considering the fact and circumstances of the case and also considering the fact that the applicant- Avinash Murarka in MCRCA No. 694 of 2023 has already returned amount of Rs. 20,25,970/- to the complainant and further considering the fact that the other co-accused persons have already been granted anticipatory bail by this Court, I am inclined to extend the benefit of Section 482 of the B.N.S.S. to the applicant.
8. Accordingly, the instant anticipatory bail application is allowed and It is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on anticipatory bail by the officer arresting him on executing a personal bond in sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating Officer. The applicant shall also abide by the following conditions:- (i) That the applicant shall make himself available for interrogation before the concerned police officer as and when required; (ii) That the applicant shall not, directly or indirectly, make any inducement, threat undue influence to the prosecution witnesses; (iii) That the applicant shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. Certified copy as per rules.
Sd/-
(Narendra Kumar Vyas)
Judge Jyoti