1 2026:CGHC:15379 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 456 of 2026 Deendayal Patel S/o Late Nareshwar Prasad Patel Aged About 66 Years Occupation Retired Government Employee R/o Adarsh Nagar, Chote Atarmuda Raigarh Tehsil And District- Raigarh, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Chowki Bhanwarpur Police Station Basana District - Mahasamund (C.G.) ... Respondent For Applicant : Dr. N.K. Shukla Senior Advocate along with Mr. Nitikesh Gupta and Mr. Dinesh Bole, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Dy. G.A. For Objector : Mr. Raghavendra 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 applicant, who is apprehending his arrest in connection with Crime No.89/2026 registered at Police Station – Police Chowki Bhanwarpur Police Station Basana District - Mahasamund (C.G.) for the offences punishable under Sections 318(4) & 3(5) of the BNS 2023. 2. The prosecution story in brief is that, the complainant Smt. Usha Patel filed an application under Sections 173(4) and 175(3) of the Bharatiya VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.02 17:32:12 +0530 2 Nagarik Suraksha Sanhita before the learned Judicial Magistrate First Class, Basna, District Mahasamund, alleging commission of offences in relation to collection and utilisation of funds of the Chhattisgarh Society for construction of Shri Krishna Dham Temple at Village Paita, District Mahasamund. Pursuant to the order of the learned Magistrate dated 27.01.2026, a report was called from Police Station Basna, Police Outpost Bhavarpur. Though the police initially submitted reports dated 02.02.2026 and 17.02.2026 stating that no cognizable offence was made out, the learned Magistrate, by order dated 26.02.2026, directed registration of FIR against the non-applicants, pursuant to which Crime No. 89/2026 was registered on 28.02.2026 for offences punishable under Sections 318(4) and 3(5) of the Bharatiya Nyaya Sanhita. It is alleged that during the tenure of the applicant as General Secretary of the Akhil Bhartiya Aghariya Samaj, contributions were collected from various members of the society for construction of the temple and receipts were issued in favour of contributors, however, in some cases receipts were allegedly issued without actual receipt of money. It is further alleged that there was irregularity and misappropriation in the collection and utilisation of society funds, and since the applicant was an office bearer of the central executive body during the relevant period, he has been implicated in the present case. 3. Learned counsel for the applicant submits that the applicant is innocent and has 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 Akhil Bharatiya Aghariya Samaj, regarding the construction of a temple and alleged discrepancies in accounting and construction quality. The 3 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 applicant has fully cooperated with the investigation and has already submitted his written statement before the concerned police authorities. He has 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 applicant tampering with the evidence. The applicant is a permanent resident of Chhattisgarh, has deep roots in society, enjoys a good social standing, and there is no likelihood of his absconding or evading the process of law. The applicant also reserves his right to raise additional grounds at the time of hearing. 4. On the other hand, learned State counsel as well as learned counsel for the objector opposed the anticipatory bail application. 4 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 applicant has 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 – Deendayal Patel, on executing a personal bond and one local surety 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 vaibhav