Extracted from the PDF above. The PDF is authoritative.
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CGHC010320302026
2026:CGHC:36877 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No.1351 of 2026 1 - Sunit Kishore Barwa S/o Stanislas Barwa Aged About 41 Years R/o House No.58, Nayapara, Charbhata, Gram Panchayat- Charbhata Nayapara, Post- Arandi, Keskal District- Kondagaon, (C.G.)- 494228 Applicant (s) versus 1 - State Of Chhattisgarh Through Station House Office, P.S. Farasgaon Thana, District - Kondagaon, (C.G.) Respondent(s) For Applicant (s) : Mr. Pushpa Kumar Gupta, Advocate For Respondent(s) : Mr. Soumya Rai, Dy. GA Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 18.08.2026
1. This first anticipatory bail application filed 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.51/2026 registered at Police Station Farasgaon Thana, District Kondagaon (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 120-B & 34 of IPC. Digitally signed by R NIRALA
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2. The prosecution case, in brief, is that the complainant has stated that he is posted as a Lecturer at Government Higher Secondary School, Bhandarseoni and was previously acquainted with the applicant. Since the applicant is also posted as a teacher and owing to the previous acquaintance, the applicant facilitated sanction of loans in favour of the complainant from various banks, pursuant to which approximately 60-65% of the sanctioned loan amounts were withdrawn from the respective loan accounts and credited into the complainant's own salary account. Thereafter, according to the F.I.R. the complainant allegedly caused an amount of Rs.37,81,800/- to be transferred from the complainant's account into the bank accounts of various firms and connected persons. The complainant has further alleged that, pursuant to an agreement/undertaking executed between the parties, certain amount to the tune of 15,89,686/- were also deposited into his account as dividend/profits which took care of the loan instalments. However, subsequently, the loan instalments began to be debited from the complainant's account and according to him, the amount of such monthly instalments exceeded his monthly salary, rendering him incapable of servicing the loans and thereby causing him financial as well as mental hardship. Thereafter a case was registered against the applicant.
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Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in crime in question. 3 It is further submitted that in one of the case of similar nature, the applicant has already been granted anticipatory bail by this Court in Crime No.38/2026 vide order dated 16.06.2026 in MCRCA No.772/2026 and the same may kindly be made part of the record. So far as the other two criminal antecedents against the applicant are concerned, it is stated that in one criminal antecedent i.e. Crime No.39/2026, the applicant has not been chargesheeted till now and in another Crime No.43/2025, the FIR against the applicant has already been quashed. Therefore, the present applicant may be enlarged on anticipatory bail. 4. On the other hand, learned State counsel for the non-applicant/State, would oppose the bail application of the applicant and submit that there are 3 criminal antecedents against the applicant as such he is a habitual offender, therefore, he may not be enlarged on anticipatory bail at this stage. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature of allegation levelled against the present applicant and for the fact that in one of the case of similar nature, the applicant has already been granted anticipatory bail by this Court in Crime No.38/2026 vide order dated 16.06.2026 in MCRCA No.772/2026 and in others criminal antecedents i.e. Crime No.39/2026, the applicant has not been chargesheeted till now and in Crime No.43/2025, the FIR against the applicant has already been quashed,
4 therefore, without commenting anything on merits, I am inclined to grant 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 – Sunit Kishore Barwa, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, 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 him/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 him/her by the said Court till disposal of the trial. (d) the applicant and the surety shall submit a copy of his 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 himself/herself in any offence of similar nature in future.”
8. Copy of the order dated 16.06.2026 passed in MCRCA No.772/2026 be made part of the record. Sd/- (Ramesh Sinha) Chief Justice Nirala