Citation : 2026 Latest Caselaw 279 Chatt
Judgement Date : 10 March, 2026
1
2026:CGHC:11429
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRCA No. 375 of 2026
GOURI
MUDALIAR
Praveen Tiwari, Aged About 44 Years S/o S.K. Tiwari R/o - H No.236/18, Virat
Digitally signed
by GOURI Nagar, Behind Kadam Plaza, Street No. 01, Durg, Chhattisgarh.
MUDALIAR
Date: 2026.03.11
11:26:16 +0530 ... Applicant
versus
State Of Chhattisgarh Through Police Station - Civil Lines, Raipur, District -
Raipur, Chhattisgarh.
... Respondent
For Applicant : Shri Tushar Dhar Diwan, Advocate.
For : Ms. Anusha Naik, Dy.G.A.
Respondent/State
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
10/03/2026
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.225/2022
registered at Police Station - Civil Lines Raipur, District Raipur (C.G)
for the offences punishable under Section 420 and 468 of the Indian
Penal Code.
2. Case of the prosecution, in brief, is that that the complainant lodged an
FIR which relates to a recruitment process for the post of Sub-Engineer
conducted in the year 2011. Regarding the said recruitment, it has
been alleged that the applicant, while filling in the OMR form, marked
"yes" in the columns relating to minimum educational qualification and
registration with the employment office, whereas according to the
prosecution, he did not possess the required qualifications as of the
cut-off date i.e. 23.03.2011. Later, in 2022, in compliance with the order
dated 09.08.2021 of the JMFC, Raipur, an FIR was filed by the police.
The committee constituted upon receiving the complaint found that the
advertisement was vague and that neither the applicant nor the
appointing authority exhibited any malicious intent. Despite this, the
present offence was registered against 89 candidates related to the
recruitment process, in which the applicant has also been made an
accused, due to which he has become apprehensive of arrest.
3. Learned counsel for the applicant submits that the applicant is
completely innocent and has been falsely implicated in this case. He
would submit that the alleged recruitment process dates back to the
year 2011, whereas the FIR has been lodged in the year 2022 with an
inordinate and unexplained delay of about 11 years, which makes the
prosecution story prima facie doubtful. He would submit that the
appointment of the applicant was made by the competent and
authorized authority following due procedure and the departmental
enquiry clearly found that the advertisement was vague and neither the
applicant nor the appointing authority had any malafide intention. He
would submit that in similar facts and circumstances, the co-accused
persons have been granted anticipatory bail by this Court in MCRCA
No.1293/2025 on 26/08/2025, in MCRCA No. 1460/2025 on
23/09/2025, in MCRCA No. 1486 of 2025 on 24/09/2025 and total 64
persons have already granted bail out of 73 accused. He would submit
that the applicant is a permanent resident of address shown in the
cause title of the bail application and undertakes to cooperate with the
investigation, therefore, he submits that the present applicant is 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 but do
not dispute the fact that the co-accused persons have been granted
anticipatory bail by this Court.
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, considering the fact that co-accused
persons have been granted anticipatory bail by this Court in MCRCA
No.1293/2025 on 26/08/2025, in MCRCA No. 1460/2025 on
23/09/2025, in MCRCA No.1486 of 2025 on 24/09/2025, without
commenting anything on the merits of the case, 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 - Praveen Tiwari, on executing 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 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) The applicant shall not involve himself in any offence of
similar nature in future.
Sd/-
(Ramesh Sinha) Chief Justice
gouri
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