Hitesh Saluja & Anr. vs The State Of Chhattisgarh

Applicants have preferred this application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of anticipatory bail as they apprehended their arrest in connection with Crime No. 512/2026 registered at Police Station – Police Station Bilha, District Bilaspur (C.G.) for the offence punishable under Sections 318(4), 336(2), 336(3),338, 340(2) & 3(5) of the BNS.

Case of the prosecution, in brief, is that on 26.09.2026, the complainant, Rajkumar Bargah, lodged a written complaint at Police Station Bilha, stating that he is posted as the Authorized Officer-cum-President of Sewa Sahakari Samiti Maryadit, Guma, bearing Registration No. 62, Block Bilha, District Bilaspur. It is alleged that three cheques bearing Nos. (i) 016635 for Rs. 80,150/-, (ii) 021914 for Rs. 51,900/-, and (iii) 021019 for Rs. 1,82,080/- were issued on 19.07.2025, 15.09.2025, and 14.10.2025, respectively. However, the said cheques were allegedly tampered with, and the amounts mentioned therein were increased to Rs. 2,80,150/-, Rs. 89,900/-, and Rs. 2,82,080/-, respectively. It is further alleged that Sharad Kumar Kashyap, the Manager of the said Samiti, withdrew the increased amounts by tampering with the cheques, thereby causing wrongful loss to the Samiti. On the basis of the said complaint, the matter was reported to the police for necessary action.

Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present crime. He further submits that the applicants are employees of the District Cooperative Central Bank, Bilaspur, Branch Bilha, wherein applicant No. 1 was working as a Supervisor and applicant No. 2 was working as a Manager. He contends that, as per the allegations reflected in the FIR, the cheques were prepared by Sewa Sahakari Samiti Maryadit, Guma, for withdrawal of funds to meet the expenses of the Society, and the withdrawal of the amounts through the three cheques had been approved by the Committee of the Society. It is further contended that the amounts mentioned in the cheques were subsequently increased by tampering with the same, resulting in the alleged misappropriation of funds. Learned counsel further submits that the entire process relating to the preparation and approval of the cheques was undertaken by the Society, and the applicants had no role in the alleged manipulation of the cheque amounts. He further submits that, after the cheques were presented for withdrawal, the amounts were withdrawn by the employees of the Society. Therefore, the applicants may be granted the benefit of anticipatory bail.

Learned State Counsel opposes the submissions made by learned counsel for the applicants and submits that the crime is still under investigation. He further submits that the documents collected by the police for verification of the handwriting have been sent to the handwriting expert, and the report is still awaited. He contends that, as per the material available in the case diary, the members of the Society had passed a resolution for withdrawal of the amount, pursuant to which the cheques were prepared. However, amounts in excess of those mentioned in the original cheques were withdrawn through the three cheques, resulting in the alleged misappropriation of a total sum of Rs. 3,38,000/-. However, it is not in dispute that the applicants are not employees of the Society but are employees of the District Cooperative Central Bank, Bilaspur, Branch Bilha.

Learned counsel for the objector also made submissions in support of the submissions advanced by learned State Counsel.

I have heard learned counsel for the respective parties.

On due consideration of the facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties, without commenting anything on merits, I am inclined to allow this anticipatory bail application.

Accordingly, application is allowed and it is directed that in the event of arrest of applicants in connection with the crime in question (512/2026), they shall be released on anticipatory bail by the Officer arresting him on his executing a personal bond in the sum of Rs.25,000/- with one surety each in the like sum to the satisfaction of the concerned arresting Officer. Applicant shall also abide by the following conditions:

Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.