1 2025:CGHC:11794 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 338 of 2025 Dujaram Sahu S/o Kinkar Prasad Sahu Aged About 41 Years R/o Ward No.- 20, Shanti Mohalla, Hasuva, District Balodabazar (C.G.) - 493344. ... Applicant versus State of Chhattisgarh Through - Station House OfÏcer, P.S.- Kotwali Thana, Korba (C.G.) ... Non-applicant For Applicant : Mr. Amrito Das, Advocate. For Non-applicant/State : Mr. UKS Chandel, Dy. Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.03.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 34/2025 registered at Police Station – Kotwali Thana, Korba (C.G.) for the offence punishable under Sections 318(4) read with Section 61(1)(a) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The prosecution story, in brief, is that the complainant had withdrawn Rs. 35,000/- from the loan Account and along-with Radhika Kaiwart, she went to the ofÏce of 'Flora Max Company' situated at City centre mall, Korba. The complainant further alleges that she had provided Rs. 30,300/- to Radhika Kaiwart and received a deposit receipt from the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 ofÏce of 'Flora Max Company'. The complainant has further alleged that the monthly return on investment as promised by Radhika Kaiwart was never credited to her account. On the contrary, the ofÏcials from the Bank had time and again approached the complainant to deposit the monthly installment against the loan availed by the complainant. the complainant has raised the allegation that the said Radhika Kaiwart along-with the present applicant has induced and hatched a criminal conspiracy to cheat her to provide the loan facility by the bank and thereby defrauded her of an amount of Rs. 40,000/-. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that ‘Fincare Small Finance Bank Limited’ is a banking company incorporated under the relevant provisions of Companies Ac,t 1956 and was granted license by the Reserve Bank of India under Section 22(1) of the Banking Regulation Act, 1949, to carry on small finance bank business in India, and the applicant happens to be the Branch Manager of the Fincare Micro Finance Bank, Katghora, and there is no any criminal antecedent of the applicant. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the 3 case diary it transpires that ‘Fincare Small Finance Bank Limited’ is a banking company incorporated under the relevant provisions of Companies Ac,t 1956 and was granted license by the Reserve Bank of India under Section 22(1) of the Banking Regulation Act, 1949, to carry on small finance bank business in India, and the applicant happens to be the Branch Manager of the Fincare Micro Finance Bank, Katghora, and there is no any criminal antecedent of the applicant, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Dujaram Sahu on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant 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 their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar