1 2025:CGHC:17190 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 521 of 2025 Bullet Kumar S/o Rajkishore Dubey Aged About 32 Years R/o. Village Barhulia, District - Siwan, Bihar. ... Applicant versus 1. State Of Chhattisgarh Through- Police Station Aazad Chowk, District- Raipur (C.G.). 2. Bineet Gupta S/o Shaliendra Kumar Gupta Aged About 32 Years R/o. Samta Colony, Samta Shopping Arcade, Shop No. 215, 2nd Floor, Balaji Iron, Raipur Chhattisgarh ... Respondents For Applicant : Mr. Anshul Tiwari, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.04.2025 1. Proceedings of this matter have been taken through video conferencing. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.04.17 15:59:46 +0530 2 2. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 106/2023 registered at Police Station – Aazad Chowk District – Raipur (C.G.) for the offence punishable under Section 408 of IPC. 3. As per the case of the prosecution, one written complaint was made by the Bipin Gupta, iter-alia on the allegation that the he is the director of the Balaji Iron and Radhe Steel Samta Colony Raipur. Bullet Kumar (applicant herein) was working in his company as Sales Marketing Manager from 18-11-2021, work of the applicant was to visit various institutions/offices and to take orders for the company of the complainant. On 21.11.2021, one motorcycle namely XTREME 160R BSG DDS CAST-MAT AXIS GREY bearing registration number CG 04 NQ 6356, bearing engine number KC01ABMHK-01858 and chassis number MBLKCUO28 MHK03329 from Kanpur, Uttar Pradesh, in the name of the Balaji Iron (company of the complainant). The motorcycle was handed over to Bullet Kumar (Applicant) for the company's work. Further due to unsatisfactory performance of the applicant in the company, the applicant was removed from the service and was requested to return the motor cycle bearing number CG 04 NQ 6356 provided by the complainant company on 31.08.2022 but applicant with amalicious intention ran away with the company's motor cycle and also switched off his mobile 3 phone. Company employees were also sent to the address of the applicant but it was found that he was absconding from his house. Further it has been alleged that applicant is absconding with the company's motor cycle CG 04 NQ 6356, amounting to Rs. 60,000/-, and has committing criminal breach of trust. On the basis of the aforesaid complaint, FIR bearing no. 106/23 was registered against the applicant for the offence punishable under section 408 of the Indian Penal Code. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant has neither committed nor participated in any such act, which may amount to any of the offences mentioned above. He further submits that applicant has performed his services with utmost satisfaction in the complainant company, despite of that, the applicant was terminated from the company without any prior notice due to which the applicant faced financial losses. He further submits that applicant has no criminal antecedent. Therefore, he prays for grant of anticipatory bail to the applicant. 5. On the other hand, the learned State counsel opposes the anticipatory bail application. 6. I have heard learned counsel for the parties and perused the case diary. 4 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and nature of dispute and material available in case diary, without further commenting on merits, I am inclined to grant anticipatory bail to the applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Bullet Kumar, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) He 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) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) He 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 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) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Vaibhav