1 2026:CGHC:23320 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 755 of 2026 Kumari Lilendri Sethiya D/o Bhagirathi Sethiya Bahgel Aged About 38 Years R/o Village Murkuchi, P.S. Bhanpuri District Bastar (C.G.) ... Applicant versus State of Chhattisgarh Through P.S. Kodenaar District Bastar (C.G.) ... Non-applicant For Applicant : Mr. Pravin Kumar Tulsyan, Advocate. For Non-applicant/State : Dr. Sourabh Kumar Pande, Dy. A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.05.2026 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. 28/2026 registered at Police Station Kodenaar District Bastar, (C.G.) for the offence punishable under Sections 316(5), 318(4) and 3(5) fo the Bharatiya Nyaya Sanhita, 2023. 2. As per the prosecution’s case, in brief is that during the period from 25.06.2020 to 29.12.2025, the present applicant, along with other ofÏce bearers of Rani Durgavati Mahila Cluster Organization, Bade Kilepal, District Bastar, is alleged to have committed embezzlement and financial irregularities in relation to Government funds RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 sanctioned towards cadre honorarium, Community Investment Fund (C.I.F.) and training-related expenses. It is alleged that the ofÏce bearers, including the present applicant, misappropriated an amount of approximately Rs. 1.24 Crores by preparing false records and misusing the sanctioned funds for their personal gain. On the basis of a written complaint lodged by complainant Mithlesh Kashyap, Crime No. 28/2026 has been registered at Police Station Kodenaar for offences punishable under Sections 316(5), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. Hence, the present anticipatory bail application has been preferred by the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has not committed any offence as alleged by the prosecution. It is further submitted that, from the perusal of the online FIR itself, it is apparent that the applicant had no authority to withdraw, transfer or independently operate the funds of Rani Durgavati Mahila Cluster Organization, as all financial transactions were carried out only through the joint signatures of the President, Secretary and Treasurer. It is also submitted that the applicant was merely entrusted with the duty of maintaining records and accounts and had no independent financial or administrative control over the funds of the said Organization. He further submits that no amount alleged to have been misappropriated was ever transferred to the personal bank account of the applicant and there is no material available on record to show that the applicant derived any direct or indirect pecuniary benefit from the alleged transactions. It is also 3 contended that the applicant is a Government employee posted at Janpad Panchayat Kilepal and is also a woman, therefore her custodial interrogation is not warranted. It is further submitted that no criminal antecedent has been attributed to the applicant and the present case is her first alleged offence. Learned counsel also submits that arrest and detention of the applicant would seriously prejudice and adversely affect her Government service and reputation. It is lastly submitted that the entire case is based upon documentary evidence, which has already been seized by the prosecution, and therefore custodial interrogation of the applicant is not necessary. Hence, it is prayed that the applicant be granted anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the submission made by the learned counsel for the applicant and submits that the present applicant is involved in a serious offence relating to large-scale embezzlement and financial irregularities committed in respect of Government funds sanctioned for cadre honorarium, Community Investment Fund (C.I.F.) and training purposes under various welfare schemes. It is submitted that during the course of inquiry and audit, substantial discrepancies were found in the records and accounts maintained by the applicant and other ofÏce bearers of Rani Durgavati Mahila Cluster Organization, Bade Kilepal, District Bastar, resulting in misappropriation of an amount of approximately Rs. 1.24 Crores. He further submits that the applicant was actively associated with the management and maintenance of financial 4 records of the Organization and her role in the commission of the offence cannot be ruled out at this stage. It is also submitted that the matter pertains to economic offences involving public money, which are grave in nature and adversely affect public trust in Government welfare schemes. He further contends that investigation is still in progress and custodial interrogation of the applicant is necessary for proper investigation, recovery of relevant documents, identification of the involvement of other persons and to ascertain the manner in which the Government funds were siphoned off. Therefore, considering the seriousness of allegations and the nature of offence, the applicant is not entitled to anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature of allegations, the material available on record and the submissions advanced by learned counsel for the parties, particularly taking into consideration the fact that the applicant is a woman and is stated to be working as a Government employee posted at Janpad Panchayat Kilepal. Further considering that no criminal antecedent has been attributed to the applicant and without commenting anything on the merits of the case, the applicant deserves to be granted the benefit of anticipatory bail. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Kumari Lilendri Sethiya on executing a personal bond and one surety in the like sum to the 5 satisfaction of the arresting OfÏcer, she 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 her 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 her by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of her 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 herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan