1 2026:CGHC:15376 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 457 of 2026 Rohit Kumar Patel S/o Late Kedarnath Patel Aged About 50 Years R/o Village- Dabhara Khurd P.S. Birra, District- Janjgir-Champa (C.G.) (Wrongly Mentioned As P.S. Balouda In The Impugned Order) ... Applicant versus State Of Chhattisgarh Through- The P.S. Birra, District - Janjgir-Champa (C.G.) ... Respondent For Applicant : Mr. Suresh Kumar Verma, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Dy. G.A. 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. 39/2026 registered at Police Station – Birra, District - Janjgir-Champa (C.G.) for the offences punishable under Section 318(4) & 3(5) of the BNS. 2. The prosecution story in brief is that on 02.03.2026 the Jila Panchayat Janjgir-Champa the Upadhyaksha given a complaint letter to the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.02 17:39:22 +0530 2 collector that Late Smt. Suman Bai w/o Ashok Patel resident of village Birra district Janjgir-Champa in the Mitanin register, showk patra the date of death is 27.11.2024 was registered and the application of the death of dated 04.12.2024 registered on 09.12.2024 and the fake death certificate was prepared for taking a benefit of Mukhya Mantri Nirman shramik Mrityu avam Divwang sahayata yojna filed a wrong documents and labour inspector accept the application and given a Rs. 1 lakh on dated 17.09.2025 UTR process deposited in the account of Ashok Patel State bank branch Janjgir A/c no. 36209452933 on that application the Tehsildar Bamhandih was investigate. That, in the direction of the Collector Janjgir-Champa the complainant Sameer Mirshra labour officer Janjgir-Champa on dated 15.03.2025 lodged a report in police station Birra against the Ashok Patel and the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the present applicant is innocent and has been falsely implicated in the present case. The applicant has been serving as Secretary of Gram Panchayat since the year 2009 and has worked in Gram Panchayat Sonadah, Gram Panchayat Sarhar, and is presently posted in Gram Panchayat Birra since the year 2020. During his entire service tenure, no complaint has ever been made against him and he has discharged his duties honestly and sincerely. It is further submitted that the main accused, namely Ashok Patel, husband of the deceased Smt. Suman Bai, in his memorandum statement, admitted that he and one Khemlal Sahu conspired to misappropriate the amount withdrawn under the Mukhya Mantri Nirman Shramik Mrityu Evam Divyang Sahayata Yojna 3 and had agreed to distribute the amount equally between themselves. It is further submitted that Ashok Patel had submitted an application, shok patra, and Aadhaar card of the deceased before the Secretary of Gram Panchayat and stated that his wife had died on 02.06.2025. Thereafter, an application dated 19.06.2025 was submitted before the Gram Panchayat, which was certified by the Sarpanch and also bore the signatures of Ashok Patel and his father-in-law, Dhaniram Patel. On the basis of the said application, shok patra, and certified report dated 19.06.2025, the present applicant merely issued a receipt and forwarded the documents to the computer center for online processing of the death certificate. Thus, the applicant had only performed his official duties in a routine manner and had no role in the alleged misappropriation. The entire conspiracy, if any, was committed by the main accused Ashok Patel and Khemlal Sahu. The applicant has been implicated only because he was serving as Secretary of Gram Panchayat Birra. The applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with the prosecution evidence, and he is ready to furnish adequate surety and abide by all conditions that may be imposed by this Hon'ble Court while granting bail. 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the nature of the dispute, 4 and the material available on record, without commenting anything further on the merits of the case, this Court finds it appropriate 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 – Rohit Kumar 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