1 2026:CGHC:15380 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 489 of 2026 1 - Bhuwneshwar Prasad Patel S/o Chain Kumar Patel Aged About 46 Years Occupation Government Teacher, R/o Railway Banglapara, Sai Gali, Raigarh, Tehsil And Distt. Raigarh, Chhattisgarh. 2 - Harprasad Chaudhary S/o Late Lakheshwar Chaudhary Aged About 50 Years R/o Paita Post Naugdi, Distt. Mahasamund, Chhattisgarh. 3 - Gopal Nayak S/o Mohan Singh Nayak Aged About 50 Years R/o Ajgarkhar, Tahsil Basna, Distt. Mahasamund, Chhattisgarh. ... Applicant(s) versus 1 - State of Chhattisgarh Through Station House Officer Basna, Distt. Mahasamund, Chhattisgarh. ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Sanjay Agrawal, Advocate For Respondent(s) : Ms. Anusha Naik, Dy.G.A. For Objector : Mr. Raghvendra Pradhan, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.04.2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No.89/2026 registered at Police Station – Police Chowki Bhanwarpur Police Station Basana District - Mahasamund (C.G.) for VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.04 15:13:24 +0530 2 the offences punishable under Sections 318(4) & 3(5) of the BNS 2023. 2. The prosecution story in brief is that, the complainant complainant namely Usha Patel who is newly elected President of Akhil Bharatiya Aghariya Samaj filed a complaint under section 174 (3) of BNSS, 2023 (old section 156 (3) of Cr.P.C.) before the Learned Judicial Magistrate First Class- Basna Dist. Mahasamund (C.G.) alleging that the present applicants who were Ex- President, Secretary of Purchaser committee and member of local committee respectively of Akhil Bharatiya Aghariya Samaj have committed financial embezzlement and certain irregularities for the sum of Rs. 82,25,347.72/-conspiring with President and other members of the committee. It is further alleged that the complainant was elected in the year 2025 and after taking the charge when she perused the audit reports, bills and other documents she came into the knowledge that the applicants and other co-accused persons when they were at their respective posts in the year 2019-2024 committed embezzlement under various heads such as not depositing donation money into committee bank account, not paying salary to the laborers but the same showing as paid, and etc, on account of which the complainant After recording the statements of concerned persons, the Learned Magistrate ordered for registration of first information report (F.I.R.), and the same was registered on 28/02/2026 for offences U/s 318 (4) & 3(5) of BNS, 2023. 3. Learned counsel for the applicants submit that the applicants are innocent and have been falsely implicated in the aforesaid case. It is further submitted that the dispute in question is purely civil in nature and pertains to internal affairs of a registered society, namely 3 Akhil Bharatiya Aghariya Samaj, regarding the construction of a temple and alleged discrepancies in accounting and construction quality. The applicant had merely served as an elected office bearer of the society, and the allegations essentially arise out of differences regarding audit procedures and financial records rather than any criminal intent. It is further submitted that, as per the police report dated 17.02.2026, the matter was still at the stage of preliminary inquiry and the police themselves had opined that no cognizable offence was made out for registration of an FIR. The applicants have fully cooperated with the investigation and have already submitted his written statement before the concerned police authorities. They have neither absconded nor avoided the investigation and has expressed his willingness to cooperate with any fair and impartial inquiry. It is also submitted that the complainant herself has failed to verify the alleged donation receipt books, vouchers, and other primary documents on the basis of which allegations of embezzlement have been made. The entire case appears to be motivated by internal rivalry and factional politics within the society after a change in leadership, and the criminal proceedings have been initiated only to tarnish the image of the former office bearers. Since the entire case is based on documentary evidence such as bank statements, bills, vouchers, and registers, which are already in possession of the society and the police authorities, there is no possibility of the applicants tampering with the evidence. The applicants are a permanent resident of Chhattisgarh, has deep roots in society, enjoys a good social standing, and there is no likelihood of their absconding or evading the process of law. The applicants also reserves their right to raise additional grounds at the time of hearing. 4 4. On the other hand, learned State counsel as well as learned counsel for the objector opposed the anticipatory bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the overall facts and circumstances of the case, the submissions advanced by learned counsel for both parties, the nature of the dispute, and the material available on record, and without expressing any opinion on the merits of the case, this Court is of the view that the applicants have made out a fit case for grant of anticipatory bail. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant No.1 – Bhuwneshwar Prasad Patel, applicant No.2 – Harprasad Chaudhary, applicant No.3 – Gopal Nayak on executing a personal bond and one local surety each in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) he 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 from disclosing such fact to the Court. (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he shall 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 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Vaishali