Dheeraj Agrawal vs. State Of Chhattisgarh

Facts

The applicant, Dheeraj Agrawal, filed an anticipatory bail application under Section 482 of the BNSS. He is apprehending arrest in connection with Crime No. 378/2024 registered at Police Station Kusmunda for offences under the BNS. The prosecution alleges that the applicant, employed as a salesman for a tarpin oil business, committed theft of oil and misappropriated sale proceeds amounting to approximately Rs. 12,18,343/- between January 2023 and August 2024. It is further alleged that the applicant, with the help of Bhola Sahu, caused a total loss of Rs. 25,00,000/- to the firm, preparing forged bills and tampering with challan books. The complainant lodged a written complaint on 22.11.2024.

Held

The High Court allowed the anticipatory bail application. While acknowledging the allegations of theft and a loss of Rs. 25,00,000/- to the firm, the Court noted that the applicant had transferred the amounts received from shopkeepers to the accounts of the complainant's family members, as evidenced by Annexure A-3. The Court also considered that the applicant has no criminal antecedent. Without commenting further on the merits of the case, the Court found it appropriate to grant anticipatory bail. The applicant was directed to furnish a personal bond with one surety to the satisfaction of the arresting officer, subject to several conditions including not inducing witnesses, not acting prejudicially to the trial, appearing in court on all dates, submitting identity documents, and not involving himself in similar offences in the future.

Key Issues

1. Whether the applicant is entitled to anticipatory bail in connection with Crime No. 378/2024 registered at Police Station Kusmunda for alleged offences under the BNS, considering the allegations of theft, misappropriation, and causing financial loss to the firm? Petitioner's Arguments: The applicant contends he is innocent and falsely implicated. He argues that the amounts received in cash from selling goods without a GST number were deposited into various accounts, including those of the complainant's family members, a transporter, and a businessman, to save tax. Copies of these transfers, totaling Rs. 9,46,900/-, from May 15, 2023, to August 20, 2024, were submitted. The applicant claims the allegations of theft and leaving the firm are fabricated, asserting that he was terminated without receiving unpaid dues of Rs. 9,25,000/-, for which he sent a legal notice. He has no criminal antecedent. Revenue's Arguments: The State counsel opposed the bail, submitting that the applicant, along with co-accused Bhola Sahu, committed theft and caused a loss of Rs. 25,00,000/- to the firm, making him disentitled to bail.