1 2026:CGHC:16718 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 537 of 2026 • Roshan Peshwani S/o Prabhudas Peshwani Aged About 45 Years R/o 48/551, Behind Boypara Bhawan Mandir Lakhe Nagar Raipur, District- Raipur (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through Station House Officer Police Station- Moudahapara Raipur District- Raipur (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Ali Afzal Mirza, Advocate For Respondent(s) : Ms. Samiksha Gupta, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10/04/2026 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.36/2026 registered at Police Station – Moudhapara, District: Raipur, C.G. for the offence punishable under Sections 316(4) of Bhartiya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that the applicant is that the complainant namely Manohar Mandhani lodged a written complaint VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.10 18:21:54 +0530 2 on 24.02.2026 stating that for last 12 years, he has been working as an accountant at A. Leela Electronics, where T.V. & other electronic items are sold, on 05.02.2026 the items which were sold by the complainant and for recovery of the same, when the complainant checked the accounts of goods sold and found a difference of Rs. 35,000/- after asking the accused, he started avoiding the questions and subsequently admitted that Rs. 35,000/- was kept with himself. On 06-07.02.2026 the accused did not come at work at that time complainant suspected that accused had collected money from various parties and did not deposited the same in the accounts of the firm. Various parties namely Pooja Novelty Bilaspur, Pushpa Electronic Champa, KKK Electronics Tilda, Mahaveer Agency Durg,Suvidha Electronics Raipur and when contacted through mobile number it was found that the electronic which were purchase their amount has been paid to the accused, which was about Rs. 6,15,800/-, and the same was not deposited to the complainant and the present applicant also received salary in advance of Rs. 2,00,000/- from the firm, which makes it a total amount Rs. 8,15,800/- and by embezzling the said amount the present applicant has absconded. Complainant later on informed about the said incident to the owner of A. Leela Electronics i.e. Ramesh Dengwani under which the present applicant was working as Collection and recovery agent of sales. On the basis of the written complaint made by the complainant police Station Moudahapara Raipur registered an FIR against the present applicant. 3. Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case. He further contended that the applicant had been working at the shop of 3 Mr. Ramesh Dingwani since the year 2023, and that the employer was highly satisfied with the applicant’s performance. However, due to professional rivalry between the applicant and the complainant, who were both working at the same shop, the complainant, without any cogent evidence, attempted to falsely implicate the applicant in the present case. He also submitted that the applicant was employed merely as a salesman and not as a recovery agent. It is pertinent to note that whenever goods or electronic items were sold, the payments were made through bank transactions and not directly handed over to the salesman, therefore, he submits that the present applicant is also entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail to the applicant and submits that applicant has no criminal antecedents. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submission of learned counsel for the parties, materials available on record, also considering the fact that the dispute primarily arises out of alleged misappropriation of money in the course of employment, the alleged amount is based on accounts and transactions which are documentary in nature and can be verified during the course of investigation, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Roshan Peshwani, on executing 4 a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he 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 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 by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of their 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 in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Vaishali