1 2025:CGHC:16685 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 496 of 2025 1. Devendra Kumar Gabel S/o Dwarika Prasad Gabel Aged About 36 Years R/o Village Adil, Tahsil And Police Station Malkharuda District Shakti, Chhattisgarh. 2. Dwarika Prasad Gabel S/o Late Babulal Gabel Aged About 62 Years R/o Village Adil, Tahsil And Police Station Malkharuda District Shakti, Chhattisgarh. ... Applicants versus • State of Chhattisgarh Through Office-In-Charge, Police Station Malkharuda, District Sakti Chhattisgarh. ... Non-applicant For Applicants : Mr. Sanjeev Kumar Sahu, Advocate For Non- applicant/State : Mr. U.K.S. Chandel, Dy. A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 09/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the 2 applicants, who are apprehending their arrest in connection with Crime No.245/2022 (crime No. 248 of 2022 is wrongly mentioned in order sheet) registered at Police Station – Malkharuda, District-Sakti (C.G) for the offences punishable under Sections 420 of the Indian Penal Code. 3. Case of the prosecution, in brief, is that the other accused namely Suresh Kumar Dubey had obtained Rs. 4 Lacks from the complainant Deleshwar Prasad Chandra for securing job in SECL in the year 2011 and also obtained Money from various persons. The complainant told him to repay the amount collected by accused from various persons otherwise complaint would be lodged report against applicants. That allegation against the applicants on the basis of police statement the complainant has stated that the present applicants has been 2 lacks Rs. Obtained for securing job in SECL thereafter police officials of the police station Malkharuda has been registered FIR on the in crime No 245/2022 for alleged offences punishable under sections 420 of the Indian Penal Code. Hence this anticipatory bail application. 4. Learned counsel for the applicants submit that the applicants are innocent and have been falsely implicated in the case. He would submit that the prima facie the ingredients of under Sections 420 of the IPC is not made out because the present applicants at the time of the applicants have not received any amount of the complainant. He would further submit that there is no evidence that applicants were involved in the above case 3 and there is no material against the present applicant. He also submits that anticipatory bail application of the co-accused Santosh Kumar Gabel has been granted by this Court in MCRCA No.171/2025 on 03/02/2025, Therefore, he submits that the present applicants are entitled to be released on anticipatory bail. 5. On the other hand, learned State counsel, appearing for the non -applicant/State, opposes the prayer for grant of anticipatory bail therefore the applicants are not entitled for grant of anticipatory bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, considering the fact that anticipatory bail application of the co-accused Santosh Kumar Gabel has been granted by this Court in MCRCA No.171/2025 on 03/02/2025, and the fact that investigation and trial are likely to take time, therefore, I am inclined to grant anticipatory bail to the present applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants No.1 Devendra Kumar Gabel and appellant No.2- Dwarika Prasad Gabel, on executing a personal bond and one surety each in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- 4 (a) The applicants 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 her from disclosing such fact to the Court. (b) The applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicants shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of his adhaar card along with a coloured 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 themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.14 13:44:42 +0530