1 2025:CGHC:2299 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 19 of 2025 1 - Jugal Kishore Toshniwal S/o Hari Kishan Toshniwal Aged About 46 Years R/o House No. 18-4-495, Chatrinaka, Gowlipura, Hyderabad 500053 2 - Smt Komal Toshniwal W/o Jugal Kishore Toshniwal Aged About 33 Years R/o House On Plot No. 28, Shiv Narayanpura, Badangpet, Balapur Mandal, Rangareddy District, Telangana 500058 ... Applicants versus State of Chhattisgarh Through S.H.O. Police Station Civil Lines, Raipur (C.G.) ... Non-applicant For Applicant : Mr. Aman Pandey, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.01.2025 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. 581/2024 registered at Police Station – Civil Lines, Raipur (C.G.) for the offence punishable under Sections 3(5), 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The prosecution story, in brief, is that the applicants have defrauded the Complainant and the FIR alleges that the Complainant and the applicant No.1 had business relations and applicant No.1 used to order Flour, Maida and Sooji from the Complainant who is a wholesale dealer of the aforesaid, then the applicant No.1 ordered flour and maida of Rs. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 74,89,996/- between January to March, 2024 on behalf of various companies and despite delivery of the material, the applicants have failed to pay the amount, the FIR records that on account of non- payment, the Complainant, though its counsel, sent legal notice to the applicant and thereafter the applicants have given cheques to the complainant in respect of the said payments which were dishonored by the Bank. Therefore, the present FIR was lodged by the Complainant for the alleged offences against the Applicant No.1 and his wife, Applicant No.2. Hence, this application. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is submitted that the applicant No.1 happens to be the husband of the applicant No.2 and there was a business relation between the applicant No.1 and the complainant, and the FIR records that on account of non- payment, the complainant though its counsel, sent legal notice to the applicant and thereafter the applicants have given cheques to the complainant in respect of the said payments which were dishonored by the Bank, and excepting the same no other prima facie case is made out against the applicants. Therefore, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicants are 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 the applicant No.1 happens to be the husband of the applicant No.2 and there was a business relation between the applicant No.1 and the complainant, and the FIR records that on account of non-payment, the complainant though its counsel, sent legal notice to the applicant and thereafter the applicants have given cheques to the complainant in respect of the said payments which were dishonored by the Bank, and excepting the same no other prima facie case is made out against the applicants, at this stage without expressing any opinion on merits, this Court is of the view that the applicants are 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 applicants – Jugal Kishore Toshniwal and Smt Komal Toshniwal 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