1 CGHC010332602026 2026:CGHC:38659 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1434 of 2026 Ramsewak Sahu S/o Aktiram Sahu Aged About 40 Years Posted At Medical Assistant (Contractual) Primary Health Centre Jatri, District Raigarh, C G. R/o Quarter No. A 25, Power City Colony Jailgain, Darri, Jamnipali, Katghora, District Korba C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali, Raigarh, District Raigarh, C. G. ... Respondent For Applicant : Shri C.R. Sahu, Advocate. For Respondent/State : Shri S.S. Baghel, Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 01/09/2026 1. This is second anticipatory bail application. Earlier bail application was rejected by this Court vide order dated 30/10/2025 passed in MCRCA No.1662/2025. 2. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.453/2025, registered at Police Station City Kotwali, Raigarh, District : Raigarh (C.G.) for alleged commission of offence punishable under Sections 318 (4), 336 (3), 338 of Bhartiya Nyay Sanhita, 2023. SATISH TUMANE Digitally signed by SATISH TUMANE Date: 2026.09.02 11:35:34 +0530 2 3. The prosecution case, in brief, is that the complainant has made a report to the concerned police station City Kotwali, Raigarh that the present applicant has wrongly issued a transfer order dated 13/08/2025 as per information letter dated 04.09.2025. Based upon such a report, Police has registered the offence punishable under Sections 318 (4), 336 (3), 338 of Bhartiya Nyay Sanhita, 2023. Hence this anticipatory bail application. 4. Learned counsel for the applicant submits that the applicant is innocent Govt. servant and has been falsely implicated in the present case. He submits that the applicant is working under the Department from the year 2011 and he was only complying with the transfer order dated 13.08.2025 on administrative interest. There was no personal gain or interest of the applicant by way of the impugned transfer order dated 13.08.2025. Further, the applicant was completely oblivious that the transfer order dated 13.08.2025 was not issued by the higher authorities of the department. He submits that it was on account of the said transfer order, the applicant was relieved from his earlier posting at Primary Health Centre, Jatri, Raigarh and thereafter, he gave his joining at Korba which is completely an administrative process and thus, there is illegality committed on the part of the applicant. He submits that applicant is a contractual employee the transfer order was officially served upon the applicant and there is no material to showcase any fraud committed by the applicant. The applicant is ready and willing to abide by any conditions that may be imposed by this Court. Therefore, he may be granted anticipatory bail to the applicant. 5. On the other hand, learned counsel appearing for the respondent/State, opposes the prayer for grant of anticipatory bail to 3 the applicant and submits that the present applicant though was a contractual employee, but the transfer order 13.08.2025 was never issued by the Department and further, there was no verification made by the applicant for his transfer to District Korba. He further submits that there was no official communication made to the applicant or discharging of the transfer order to the applicant. He further contended that the FIR has been registered against the applicant after due enquiry and verification of facts and thus, when there was no such order issued by the department, the offence is prima facie made out against the applicant. Hence, he is not entitled for grant of anticipatory bail. 6. I have heard learned counsel for the parties and perused all of the documents taken on record. 7. Considering the nature and gravity of the offence and material on record in the case diary, and the facts and circumstances of the case and the submission of the counsel for the parties particularly, the State Counsel that the transfer order dated 13.08.2025 was not issued by the department and the FIR has been registered against the applicant after due enquiry. therefore, I am not inclined to grant bail to the applicant. 8. Accordingly, the bail application of the applicant - Ramsewak Sahu, involved in Crime No. 453/2025, registered at Police Station City Kotwali, District -Raigarh, (C.G.) for the alleged commission of offence punishable under Sections 318 (4), 336 (3), 338 of the Bhartiya Nyaya Sanhita, 2023, stands rejected. 9. SD/-Sd/- (Ramesh Sinha) Chief Justice Tumane 4