RAM NARAYAN SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This first anticipatory bail application under Sec. 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 23/2025 registered at Police Station - Mohan Nagar, District - Durg (C.G.) for the offence punishable under Ss. 420 read with 34 of the IPC.

(2.) As per the prosecution case, the complainant alleged that the salary of the complainant and other workers were embezzled by the accused by conspiracy and after obtaining information from the office under Right to Information, it was found that all the accused have conspired in a well-planned manner by creating a fake loan statement in the relevant documents and by making fake signatures of the complainant and other co-workers and the forged documents were used as genuine in Railway department.

(3.) Learned counsel for the applicant submits that allegations against applicant is incorrect. The present applicant/accused is a Central Government employee and is accused of the alleged offence while discharging his official duty and as per sec. 218 (1)(a) of BNSS 2023, a prior sanction of Central Government is required before taking cognizance of such offence. Further, the present applicant has not committed any cheating or any illegal act by illegal means hatching any conspiracy with the co-accused. Therefore, ingredient of Sec. 420 read with 34 of IPC is not attracted against the present applicant. The prosecution case is false and concocted.