1 CGHC010286862026 2026:CGHC:32632 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1201 of 2026 Aman Sharma S/o Vinay Sharma Aged About 29 Years House No. 02, Sada Staff Quarters, Neharu Nagar, East Bhilai, Supela Police Station, Tehsil And District- Durg, (Chhattisgarh) ... Applicant versus State Of C.G. Through Police Station Utai, District- Durg, (Chhattisgarh) ... Non-Applicant For Applicant : Shri Uttam Pandey, Advocate. For Non-Applicant : Miss Anusha Naik, Deputy GA. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29/07/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.15/2026 registered at Police Station – Utai, District – Durg (C.G.) for the offence punishable under Sections 316 (2) and 3 (5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.30 19:32:33 +0530 2 2. The prosecution story, in brief, is that Judicial Magistrate First Class, Durg passed an order on 01.10.2025 under Section 175 (3) BNSS 2023 on the complaint of complainant (Seema Kashyap) who is authorized person of Prizam Collage of Pharmacy, Village Mahkakhurd) against the applicant's brother (Sagar Sharma) and his sister-in-law (Bhabhi) (Smt. Gurdeep Sharma) directing the police to register FIR against them U/s 316, 3 (5) of BNS 2023. In compliance of the said order, the police registered the entire facts verbatim as contained in the complaint case according to which the applicant's elder brother and sister-in-law (Bhabhi) are employed with the college of complainant as Assistant Professor, who had collected the tuition fee from 6 students at the rate of ₹20,000/- in the academic session of 2023 in cash during the period July 2023 to December 2023 but did not deposit the same in the account of the institution nor any receipt was issued. Thereafter the students reported the matter with the college. Likewise for the academic session 2024, they have collected fee from 6 students and deposited the amount in their own account and in the account of brother Aman Kumar Sharma through UPI online and the students narrated the facts to the college management. Thereafter, the institution constituted a committee to submit the inquiry report who in turn vide inquiry report dated 24.02.2025 found the applicant's elder brother and Bhabhi guilty and they were directed to deposit the amount within three days but they failed to do so. On 06.03.2025, a written complaint was 3 made to the P.S. Utai. but no action was taken as a corollary to which, application was submitted before SP Durg on 12.05.2025 but proved in vain. In between the applicant's elder brother and sister-in-law deposited an amount of Rs.1,95,000/- with the Institution. However, pursuant to the order passed by the JMFC, FIR was registered. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant’s elder brother and sister-in-law were also accused in the present case and they have been released on anticipatory bail by this Court vide order dated 24.2.2026 & 6.2.2026 passed in MCRCA Nos.300/2026 & 177/2026 and the applicant does not have any criminal antecedents. Therefore the applicant may be released on bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail to the applicant. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts and circumstances of the case, and the fact that similarly situated co-accused persons have already been released on anticipatory bail by this Court vide order dated 24.2.2026 & 6.2.2026 passed in MCRCA Nos.300/2026 & 177/2026 and the applicant does not have any criminal antecedents, as such, this Court is inclined to extend the benefit 4 of anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Aman Sharma, on executing a personal bond with one surety in the like sum to the satisfaction of the Arresting Officer, he shall be released on bail on the following conditions:- (a) he should 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) he should not act in any manner which will be prejudicial to fair and expeditious trial. (c) he should 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 sureties shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) he should not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Barve