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2026 DAILYLAW 22037 (CHH)

ROBIN KUMAR AGRAWAL v. STATE OF CHHATTISGARH

MCRCA/800/2026 · 2026-06-17

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Judgment text

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1 2026:CGHC:24765 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.CrC(A) No.800 of 2026 1 - Robin Kumar Agrawal S/o Naresh Kumar Agrawal Aged About 40 Years R/o Ward No.12, Renu Store Mohanti Para, Near Telephone Exchange Police Station Thana Chowk District Bargarh Odisha 2 - Neelam Agrawal W/o Robin Agrawal Aged About 40 Years (Wrongly Mentioned As Ron Agrawal In The Ordersheet), R/o Ward No. 12, Renu Store Mohanti Para, Near Telephone Exchange Police Station Thana Chowk District Bargarh Odisha ... Applicants versus State Of Chhattisgarh Through Station House Officer, Vidhan Sabha, Distt. Raipur Chhattisgarh ... Non-applicant For Applicants : Mr. Awadh Tripathi, Advocate. For Non-applicant/State : Dr. Sourabh Kumar Pande, Dy. A.G. SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.06.19 11:39:34 +0530 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.06.2026 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the Applicants, who are apprehending their arrest in connection with Crime No.121/2026 registered at Police Station – Vidhansabha, Raipur (C.G.) for the offence punishable under Sections 316(4), 336(3), 338, 340(2) and 61(2) of BNS, 2023. 2. As per the brief prosecution case, a report was lodged by Balram Chhatri, Deputy General Manager of Mousharya Infrastructure Ltd., alleging that the main accused, Manish Vishwas, who was working as Senior Manager (HR), had embezzled an amount of Rs.3,38,34,846/- over a period of about five years by preparing forged salary bills and vouchers in the names of former employees of the company. The alleged irregularity came to light on 29.03.2026 during an internal inquiry. It is alleged that the main accused misappropriated the company's funds by transferring the amounts into the bank accounts of his relatives, friends and associates, including the present Applicants. During investigation, it was found that the accused persons had wrongfully gained by causing corresponding loss to the 3 company and accordingly, the present Applicants have been implicated in the alleged commission of the offence. Hence, this application. 3. Learned counsel for the Applicants submits that the Applicants have been falsely implicated in the present case. It is submitted that the main accused Manish Vishwas, who happens to be the brother-in-law (Jija) of the Applicants, misled them on the pretext that the KYC of their bank accounts was not updated and on that basis, deposited an amount of Rs.10,29,480/- in their accounts, which was subsequently transferred by him to his own account and that of his wife, Madhu Vishwas. It is further submitted that the Applicants were neither employees of Moushwarya Infrastructure Ltd. nor connected with its financial affairs and therefore, no role in the alleged embezzlement can be attributed to them. He further submits that the amounts deposited in the Applicants' bank accounts were neither utilized nor retained by them and were transferred by the main accused himself. The Applicants had merely permitted the use of their accounts on account of their familial relationship with the main accused and had no knowledge of the alleged fraudulent transactions. It is further submitted that co-accused Bandana Chaudhari and Ghanshyam Agarwal 4 have already been granted anticipatory bail vide orders dated 13.05.2026 passed in M.Cr.C.(A) Nos.742/2026 and 745/2026 respectively. The case of the present Applicants stands on a similar footing and, therefore, they are also entitled to the benefit of anticipatory bail on the ground of parity. It is also submitted that all relevant documents have already been seized during investigation and therefore, custodial interrogation of the Applicants is not required. Accordingly, it is prayed that the Applicants be granted the benefit of anticipatory bail. 4. On the other hand, learned State Counsel opposes the grant of anticipatory bail to the Applicants and submits that the case of the present Applicants stands on a different footing from that of the co-accused who have been granted anticipatory bail and, therefore, they are not entitled to the benefit of parity. 5. Considering the facts and material available in the case diary and the submissions advanced by learned Counsel for the parties, this Court finds that the Applicants were neither employees of Moushwarya Infrastructure Ltd. nor connected with its financial affairs. The allegation against them is that certain amounts were deposited in their bank accounts by the main accused, who is stated to be their brother-in-law and the 5 said amounts were subsequently transferred to the accounts of the main accused and his wife. At this stage, no material has been brought on record to prima facie show that the Applicants themselves derived any monetary benefit from the alleged transactions. It is also borne out from the record that co-accused Bandana Chaudhari and Ghanshyam Agarwal have been granted anticipatory bail vide orders dated 13.05.2026 passed in M.Cr.C.(A) Nos.742/2026 and 745/2026 respectively. Further, the relevant documents have already been seized and custodial interrogation of the Applicants does not appear necessary, therefore, without further commenting anything on the merits of the case, this Court is of the considered opinion that the Applicants are entitled to the benefit of anticipatory bail. 6. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the Applicants – Robin Kumar Agrawal and Neelam Agrawal, on executing a personal bond with one local surety each in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) The Applicant/s 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/her/them from disclosing such fact to the Court. 6 (b) The Applicant/s shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant/s shall appear before the trial Court on each and every date given to him/her/them by the said Court till disposal of the trial. (d)The Applicant/s and the surety shall submit a copy of his/her/their adhaar card along with a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant/s shall not involve himself/herself/themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Priya