[Cites 5, Cited by 0]
Chattisgarh High Court
Fagendra Kumar Sinha vs State Of Chhattisgarh on 25 February, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:9845
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRCA No. 306 of 2026
Raziya Begam W/o Tausif Ahmad Aged About 41 Years R/o House No. 114/2,
Ward No. 23, Gudakhuline, Rajnandgaon, Tahsil and District Rajnandgaon,
Chhattisgarh.
--- Applicant
versus
State of Chhattisgarh Through P.S. Khairagarh, District Khairagarh-
Chhuikhadan-Gandai, Chhattisgarh.
--- Non-Applicant
MCRCA No. 316 of 2026
Fagendra Kumar Sinha S/o Panna Lal Sinha Aged About 43 Years R/o
Gondpara Ward No.1, Abhanpur District- Raipur (C.G.)
---Applicant
Versus
State of Chhattisgarh Through- P.S. Kahiragarh District- Khairagarh-
Chhuikhadan -Gandai (C.G.)
--- Non-Applicant
Digitally
signed by
PREETI
PREETI KUMARI
MCRCA No. 317 of 2026
KUMARI Date:
2026.02.25
16:32:45
+0530
Azahar Ahmad Sidhaqi S/o Zafar Ahmad Sidhaqi Aged About 28 Years R/o-
Shankarnagar, Jagdalla- Champa, District- Janjgir-Champa (C.G.)
--- Applicant
Versus
State of Chhattisgarh Through- P.S.- Khairagarh, District- Khairagarh-
Chhuikhadan- Gandai, C.G.
--- Non-Applicant
2
MCRCA No. 308 of 2026
Tikamchand Sahu S/o Jhamman Lal Sahu Aged About 30 Years R/o Chandi-
Bazar, Mohandi, Ward No- 02, Raipur, District- Raipur, C.G.
--- Applicant
Versus
State of Chhattisgarh Through- P.S.- Kahiragarh, District- Khairagarh-
Chhuikhadan- Gandai, C.G.
--- Non-Applicant
For Applicants : Mr. Hemant Gupta, Advocate.
For Non-Applicant/State : Ms. Anusha Naik, Deputy Government Advocate.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
25.02.2026
1.
Since the above-mentioned four bail applications arise out of same crime
number, they are clubbed and heard together and are being disposed of
by this common order.
2. These first anticipatory bail applications 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. 34/2026 registered at Police Station - Kahiragarh, District-
Khairagarh-Chhuikhadan-Gandai (C.G.) for the offences punishable
under Sections 420, 467, 468, 471 and 120B of Indian Penal Code.
3. As per the prosecution case, a news item was published in a local
newspaper regarding fake appointments in the School Education
Department. Based on the said news report, the District Education Officer
filed a written complaint at Police Station Khairagarh on 05.02.2026. On
the basis of the complaint, the police registered a crime under Sections
420, 467, 468, 471, and 120B of the Indian Penal Code, alleging that the
accused persons were appointed as Data Entry Operator and Assistant
Grade-III in the Chhattisgarh State Education Ayog vide letter No.
C.G.S.E.A/EST/APP/2019-20/34, Raipur, dated 09.09.2021. It is further
alleged that after the abolition of the Ayog, they were absorbed into the
School Education Department and were subsequently transferred to
different schools. Accordingly, the FIR was registered.
4. Learned counsel for the applicants submits that the applicants are
innocent and have been falsely implicated in the offence in question. He
further submits that the applicants have no previous criminal
antecedents. He also submits that the applicants were appointed as
Assistant Grade-III in the C.G. Education Aayog vide appointment order
dated 09.09.2021, and after the abolition of the Aayog by the State
Government, the employees were absorbed into the School Education
Department vide order dated 23.05.2022. He further submits that the
case is based solely on documentary evidence and that no custodial
interrogation of the applicants is required. He also submits that the
applicants have preferred a writ petition before this Hon'ble Court
challenging their removal from service. It is further respectfully submitted
that the District Education Officer, without conducting a proper inquiry
and without proper communication from the Department, lodged the
instant FIR, which fact has been admitted by the police in their objection
memo during the hearing of the bail plea. Further, the applicants are not
at fault and have served in the Department for more than five years,
having been transferred from one office to another. He lastly submits that
the applicants have been terminated from their jobs. Hence, these
anticipatory bail applications are liable to be allowed.
5. On the other hand, learned State counsel opposed the prayer for grant of
anticipatory bail.
6. I have heard learned counsel for the parties and the material available on
record.
7. Considering the facts and circumstances of the case, submissions of
learned counsel for the parties and allegation made against the present
applicants and the fact that the applicants have no previous criminal
antecedents, that they have already been terminated from service, and
the applicants have preferred a writ petition before this Court challenging
their removal from service, this Court deems it appropriate to grant
anticipatory bail to the present applicants.
8. Accordingly, the instant anticipatory bail applications are allowed and it
is directed that in the event of arrest of the applicants- Raziya Begam
(MCRCA No. 306/2026), Tikamchand Sahu (MCRCA No. 308/2026),
Azahar Ahmad Sidhaqui (MCRCA No. 317/2026) and Fagendra
Kumar Sinha (MCRCA No. 316/2026), on each of them executing a
personal bond and one sureties each in the like sum to the satisfaction of
the arresting Officer, they shall be released on bail on the following
conditions:-
(a) they 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 their from disclosing such fact to the
Court.
(b) they shall not act in any manner which will be
prejudicial to fair and expeditious trial.
(c) they shall appear before the trial Court on each
and every date given to them by the said Court till
disposal of the trial.
(d) the applicants and the surety shall submit a copy of
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) they shall not involve herself in any offence of
similar nature in future.
Sd/-
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
Preeti
