1 2025:CGHC:21495 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 533 of 2025 Bhawani Shankar Tiwari S/o Neelkanth Tiwari Aged About 40 Years R/o H/no 13 Ambedkar Ward, Pandariya Marg, Thana - Mungeli, Dist - Mungeli Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Police Station - Kotwali, Jagdalpur Dist - Bastar ... Respondent(s) For Applicant(s) : Ms. Meera Tiwari alongwith Mr. Sachin Nidhi, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.05.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.508/2024 registered at Police Station Kotwali, Jagdalpur Dist - Bastar (C.G.) for the offence punishable under Sections 420, 467, 468, 471 of the IPC. 2. Prosecution case in brief is that the based on a written report by the complainant, Kunwar Sumit Singh, a solar energy contractor, filed a AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 report at the Kotwali Police Station in Jagdalpur. The complainant alleged that approximately two years prior to the incident, on June 21, 2022, the accused received Rs. 17,50,000 from him for securing a solar street light project. In exchange, the accused provided the complainant with a photocopy of a work order (No. 811/2022-2023, dated June 21, 2022) worth Rs. 63,71,270/- from the Office of the Janpad Panchayat, Keshkal, District Kondagaon. When the accused failed to deliver materials or provide the original work order even after a month, the complainant visited the Keshkal Nagar Panchayat office and discovered that the photocopy of the work order provided by the accused was forged. Subsequently, a First Information Report (FIR) was registered for preparing forged documents and cheated the complainant of Rs. 17,50,000. Thereafter, aforementioned offence has been registered against the applicant. Hence, the bail application. 3. Learned counsel for the applicant would submit that the case is of a civil nature, arising from a business transaction between the applicant and the complainant, who worked together as contractors under a firm and secured government tenders. The applicant allegedly owes money to the complainant, but the latter demanded an amount exceeding the actual debt. Upon the applicant's refusal to pay the extra amount, the complainant lodged a false report, which may lead to the applicant's arrest, damaging his reputation and causing irreparable loss to him and his family, so far as criminal antecedents of the applicant are concerned, applicant has three 3 criminal antecedents, which are pending, hence he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicant is alleged to have taken Rs.17,50,000/- from the complainant for securing a solar street light project and in exchange, the accused provided the complainant with a photocopy of a work order (No. 811/2022-2023, dated June 21, 2022) worth Rs. 63,71,270/- from the Office of the Janpad Panchayat, Keshkal, District Kondagaon, when the accused failed to deliver materials or provide the original work order even after a month, the complainant visited the Keshkal Nagar Panchayat office and discovered that the photocopy of the work order provided by the accused was also forged, further applicant has three criminal antecedents, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, and the fact that matter involved in the case is civil in nature, the applicant is alleged to have taken Rs. Rs.17,50,000/- from the complainant for securing a solar street light project and in exchange, the accused provided the complainant with a photocopy of a work order (No. 811/2022-2023, dated June 21, 2022) worth Rs. 63,71,270/- from the Office of the Janpad Panchayat, Keshkal, District Kondagaon, which later on found to be 4 forged and the applicant also failed to deliver materials or provide the original work order, also considering the criminal antecedents of the applicant, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Bhawani Shankar Tiwari, on executing a personal bond with 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 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) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil