1 2025:CGHC:14620 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 414 of 2025 Nagesh Naidu S/o Late K. Naidu Aged About 55 Years R/o Quarter No. 102, Block No. Ga, 1st Batallion CAF (Chhattisgarh Armed Forces) Bhilai, District Durg, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through S.H.O. Police Station Supela, District – Durg, Chhattisgarh. ... Non-applicant For Applicant : Mr. Trivikram Nayak, Advocate. For Non-applicant/State : Mr. UKS Chandel, Dy. Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.03.2025 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. 174/2025 registered at Police Station – Supela, District – Durg (C.G.) for the offence punishable under Sections 420, 406 and 34 of the Indian Penal Code (IPC). 2. The prosecution story, in brief, is that the complainant (who is a Head Constable currently posted at IGP OfÏce Durg) has at the behest of the applicant (who is Sub-Inspector at present deputed to PHQ, Raipur) has RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 given money to the other co-accused person Rahul Naidu (son of the applicant) between 2018-22 in expectation of huge profits from the erstwhile business of Rahul – poultry trading which was carried on at the relevant point of time by co-accused Rahul Naidu. Now, when the business died not yield expectedfavourable profits, then in February 2025 suddenly an FIR has been lodged against the applicant and co- accused that the money was given to Rahul Naidu (co-accused) by the complainant at the request of the applicant, hence, he is also liable for action. 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 the complainant in the FIR himself admits that he had invested in the business of co-accused Rahul Naidu Poultry trading in expectation of higher profits and now when the expected profits have not been received the instant case has been filed. 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 case diary it transpires that the complainant in the FIR himself admits that he had invested in the business of co-accused Rahul Naidu Poultry trading in expectation of higher profits and now when the expected profits 3 have not been received the instant case has been filed, 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. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Nagesh Naidu 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