Advocates:
['MANOJ CHAUHAN', '', 'NIMESH KUMAR JHA', 'ANAND MOHAN TIWARI', 'A G']

1

(Proceedings through video conferencing)

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

MCRCA No.752 of 2021

• Manoj Mishra, S/o Shri Vijay Kumar Mishra, aged about 58

years, R/o Gayatri Nagar, Raipur, District Raipur (CG)

---- Applicant

Versus

• State of Chhattisgarh, through Police Station Incharge Thana

Koni, District Bilaspur (CG)

---- Non-applicant

MCRCA No.753 of 2021

•

Manab Paul, S/o Shri Satyendra Nath Paul, about 54 years,

R/o D-5/21, Gayatri Nagar, Shankar Nagar, Raipur, District

Raipur (CG)

---- Applicant

Versus

• State of Chhattisgarh, through Police Station Incharge Thana

Koni, District Bilaspur (CG)

---- Non-applicant

MCRCA No.752 of 2021

For Applicant

:

Mr. Anand Mohan Tiwari, Advocate

For Non-applicant

:

Mr. B.L.Sahu, Panel Lawyer

&

MCRCA No.753 of 2021

For Applicant

:

Mr. Anand Mohan Tiwari, Advocate

For Non-applicant

:

Mr. B.L.Sahu, Panel Lawyer

Hon'ble Mr. Justice Parth Prateem Sahu

Order On Board

27/7/2021

1. As the above anticipatory bail applications arise out of the

same crime number, they are being heard together and

decided by this common order.

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2. The applicants have preferred above two anticipatory bail

applications as they apprehend their arrest in connection with

Crime No.70/2021 registered at Police Station Koni, Bilaspur

(CG) for commission of offence punishable under Section 420,

34 of IPC.

3. Case of the prosecution, in brief, is that on 7.4.2021

complainant Sanjay Kumar Patle lodged complaint stating

therein that he was employed as 'Security Guard' by M/s Ideas

Inc Management Private Limited Company. Present applicants

are Directors of the said company. It is further alleged that the

complainant is working as Security Guard since 2016. Monthly

salary of Rs.10,500/- was being deposited in his bank

account. Amount towards GPF and GIS are deducted at times

and at times the same are not deducted. This fact was

brought to the notice of the Management of University on

several occasions but no action was taken. The complainant

also contacted Shri Anil Kumar Baghel, newly inducted

Director of the Company and said Anil Kumar Baghel informed

that thousands of rupees are being deducted towards advance

and PF which they have not received at any point of time. A

chart of PF & ESIC shown to be deposited occasionally by the

Company and deduction of advance amount from salary

mentioned in the register shown to them by said Anil Kumar

Baghel bears their forged signature. Based on the said

complaint, instant crime is registered against present

applicants.

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4. Mr. Anand Mohan Tiwari, learned counsel appearing on behalf

of both the applicants would submit that present applicants are

Directors of the Company. To manage the work of Company

at Bilaspur they have inducted one Anil Kumar Baghel as

Director and the irregularities/illegalities, if committed, are

during the regime of said Anil Kumar Baghel, who has now

resigned from the post of Director. Present applicants have

also filed complaint against said Anil Kumar Baghel. He

referred to the document Annexure P-7 to submit that on the

notice issued by the Regional Commissioner (Central), Labour

Office, Bilaspur with regard to payment and deduction towards

PF, reply has been submitted admitting that due to pandemic

Covid-19, there was delay in deposit of the same. He further

referred to the notice issued by the Superintendent of Police,

Bilaspur dated 26.3.2021 (Annexure P-9) and submitted that

vide Annexure P-10 reply was submitted by present applicants

explaining all the allegations made against them. Amount of

salary is deposited directly in the bank account of employees

and there was no occasion for them to make any illegal

deduction. Applicants are ready to cooperate in the

investigation and to place all the material before the police.

Hence, the applicants may be granted anticipatory bail.

5. Mr. B.L. Sahu, learne