1 2026:CGHC:24762 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C(A) No.807 of 2026 1 - Kishore Chandra Rath S/o Anant Rath Aged About 67 Years Caste- Bramhan R/o Village- Jayantgiri Tahsil- P.S. Boriguma District- Koraput Odisha 2 - Smt Manjulata Rath W/o Kishore Chandra Rath Aged About 57 Years Caste- Bramhan R/o Village- Jayantgiri Tahsil- P.S. Boriguma District- Koraput Odisha ... Applicants versus State Of Chhattisgarh Through Police Station Kotwali Jagdalpur District- Bastar (C.G.) ... Non-applicant For Applicants : Mr. Tapan Kumar Chandra, Advocate. For Non-applicant/State : Mr. Priyank Rathi, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.06.19 11:39:35 +0530 2 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.299/2025 registered at Police Station – Kotwali, Jagdalpur, District Bastar (C.G.) for the offence punishable under Sections 318(4), 338, 336(3), 340(2) and 3(5) of BNS, 2023. 2. According to the case of the prosecution, the complainant, Dr. Sayyed Moiluq Haq, lodged a written complaint alleging that the present Applicants was a Director of Soul Art of Finance Company Pvt. Ltd. It is alleged that the complainant invested Rs.19,80,000/- through cheque and one Smt. Sangeeta Kaur invested Rs.2,50,000/- through cheque with the company. After receiving a total amount of Rs.22,30,000/-, the company allegedly issued an FDR and bond papers purportedly supported by forged documents. On the basis of the said complaint, FIR was registered against co-accused Ashish Kumar Rath and others. Based on the above allegations, 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 are innocent and have been falsely implicated in 3 the present case. It is submitted that no amount was received by the Applicants from the complainant and that they have been arrayed as accused merely on account of their being Directors of the company. It is further submitted that Applicant No.1 is a retired senior citizen suffering from age- related ailments and Applicant No.2 is an elderly lady, the FIR has been lodged without any proper enquiry and that the main accused Ashish Kumar Rath, has already been granted regualr bail by this Court vide order dated 23.03.2026 passed in M.Cr.C. No.2685/2026. It is further submitted that there is no likelihood of the Applicants’ absconding or tampering with the prosecution evidence or influencing the witnesses, therefore, they may be granted the benefit of anticipatory bail. 4. On the other hand, learned State Counsel opposes the grant of anticipatory bail to the Applicants. 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 allegation against the present Applicants is primarily on account of their being Directors of the company. At this stage, no specific material has been pointed out to show that the Applicants personally received the amount alleged to have been invested by the complainant. It is also noteworthy that the main accused 4 Ashish Kumar Rath, has already been granted regular bail by this Court vide order dated 23.03.2026 passed in M.Cr.C. No.2685/2026. Further considering that Applicant No.1 is a retired senior citizen stated to be suffering from age-related ailments and Applicant No.2 is an elderly lady and there is no material to indicate that they are likely to abscond or tamper with the prosecution evidence, therefore, in these facts and circumstances of the case, custodial interrogation of the Applicants does not appear necessary. Accordingly, 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 – Kishore Chandra Rath and Smt Manjulata Rath, 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. (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 5 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