Rajnandgaon (C.G.) v. State of Chhattisgarh Through Station House Of
Case Details
1 2025:CGHC:44988 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1332 of 2025 Lal Singh Marko S/o Late Shri Khushal Singh Marko Aged About 70 Years R/o Ridhi Sidhi, Face- 3, Qtr No. - 15, Rajnandgaon, P.S. Basantpur, District - Rajnandgaon (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Gariyaband, District - Gariyaband (C.G.) ... Non-applicant For Applicant
Legal Reasoning
: Mr. Sunil Pillai, Advocate. For Non-Applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.04 17:54:38 +0530 03.09.2025 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 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. 00135/2025 registered at Police Station – Gariyaband, District – Gariyaband (C.G.) for the offences punishable under Sections 34 and 409 of the Indian Penal Code. 2. That, according to the prosecution story, on 31.07.2025, Shri Donar Prasad Thakur, son of late Shri Firat Ram Thakur, aged 49 years, Deputy Director, Social Welfare, Gariyaband, District Gariyaband (C.G.), 2 submitted a written application, on perusal of which it was found that the acts of accused persons namely (i) Munni Lal and (ii) L.S. Marko prima facie constitute an offence under Sections 409 and 34 of the IPC. Accordingly, a crime was registered and the application was taken up for investigation. The application was addressed to the Police Station In- charge, City Kotwali, Gariyaband, District Gariyaband (C.G.), with the subject “Regarding registration of FIR against those who embezzled government money in the investigation of the Joint Investigation Committee.” It was stated therein that the applicant, Shri Kundan Singh Thakur, resident of Raipur, had filed a public complaint against Shri Munni Lal Pal, retired Deputy Director, Social Welfare Department, and others. A written complaint application was also submitted before the Commission, Raipur. For its investigation, a three-member inquiry committee was constituted by the Collector, Gariyaband, on 31.07.2024, comprising (i) Shri Arvind Kumar Pandey, Additional Collector, District Gariyaband, (ii) Shri P.C. Khalkho, District Treasury OfÏcer, Gariyaband, and (iii) Shri Donar Prasad Thakur, Deputy Director, Social Welfare, District Gariyaband. The Joint Inquiry Committee conducted an inquiry into various aspects. During the investigation, the statements of the following witnesses/ofÏce staff were recorded:1. Shri Om Prakash Sinha, Assistant Grade-II (then), 2. Shri Pilaram Verma, Assistant Grade-III, 3. Shri Pawan Kumar Soni, Assistant Grade-II. Relevant documents were also obtained from senior ofÏces and banks. The Committee examined the available documents, statements of then employees, and letters issued from various ofÏces. After due verification of the information recorded by the Directorate of Social Welfare, it was found that the demand letters issued from the ofÏce of the Deputy Director, Social Welfare Department, Gariyaband, regarding the cheques drawn in the 3 name of the State Destitute Fund, were issued by the then Deputy Director, Social Welfare, Gariyaband, and bore his signatures. However, the outgoing numbers and dates of the said demand letters were not entered in the ofÏce’s outgoing register, and the relevant file was not found to have been maintained. None of the ofÏce staff had any information regarding the purpose for which the cheques were drawn or to whom the payments were made. The Joint Investigation Committee, in its report, concluded that the then Deputy Directors of Social Welfare, Gariyaband, namely Shri Munni Lal Pal (from March 2018 to March 2022) and Shri L.S. Marko (from 2015 to 2018), had arbitrarily misused government funds to the tune of Rs. 3,25,50,000/- (Rupees Three Crore Twenty-Five Lakh Fifty Thousand) for their personal use and had embezzled government money. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He submits that the applicant is a respectable member of society and a senior citizen, aged about 70 years, who retired from service in February 2018. As such, the alleged incident, being prior to his retirement, is more than seven years old from the date of the F.I.R. presently registered on 31.07.2025, with an inordinate delay. He further submits that the Collector, Gariyaband, vide letter dated 03.10.2024, forwarded the enquiry report containing a tabular statement of the dates on which various amounts were drawn. On perusal, it appears that the enquiry report merely sets out facts for enquiry. At Serial No. 6 of the said table, Sub-Serial Nos. 1 and 2 bear the dates 10.08.2016 and 24.11.2017 with corresponding amounts of Rs. 22 lakhs and Rs. 25 lakhs respectively. Sub-Serial Nos. 3 to 6, however, pertain to the period 21.06.2018 to 22.06.2018, totaling Rs. 1 crore 21 lakhs. The cheques are shown to have been drawn by the then Deputy 4 Director, Social Welfare, Gariyaband. Meaning thereby, up to 24.11.2017, a total of Rs. 47 lakhs is alleged to have been drawn during the tenure of the applicant as Joint Director, whereas thereafter, from 21.06.2018 to 22.06.2018, Rs. 1 crore 21 lakhs was drawn after the applicant’s retirement. He also submits that at the cost of repetition, it is submitted that the applicant retired in February 2018, and hence, only the two entries at Sub-Serial Nos. 1 and 2, totaling Rs. 47 lakhs, pertain to his period of service. From the next page of the said enquiry report, under the heading “Tathyatmak”, Serial No. 1 shows the total amount as Rs. 1,95,50,000/-. Thus, there is a variation in the amounts alleged, as considered by the Committee constituted by the Collector, Gariyaband. He submits that from the bare reading of the F.I.R. itself, it is evident that the applicant was Deputy Director in the Department only from 2015 to 2018, and thereafter co-accused Munni Lal Pal held the said post from March 2018 to 2022. Therefore, the ingredients of Section 34 IPC are not attracted against the applicant. He also submits that the F.I.R. dated 31.07.2025 relates to offences alleged to have occurred between 2016– 2019, i.e., about 6 to 9 years prior. As such, there is inordinate and unexplained delay in lodging the F.I.R. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application of the present applicant and submits that the present applicant arbitrarily misused government funds to the tune of Rs. 3,25,50,000/- (Rupees Three Crores Twenty-Five Lakhs Fifty Thousand) for personal use and thereby embezzled government money, therefore, he is not entitled for grant of anticipatory bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 5 6. Considering the facts and circumstances of the case, and the fact that the present applicant is an elderly person aged about 70 years, and further considering that the alleged incident took place 6 to 9 years ago, looking to the age of the applicant, I am inclined to decide without further commenting on the merits, 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 – Lal Singh Marko, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, she shall be released on bail on the following conditions:- (a) he shall not directly or indirectly make any inducement, to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. promise threat or (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/ Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek