1 2025:CGHC:19384 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 525 of 2025 Mahesh Pawar S/o Ashok Pawar Aged About 31 Years R/o Shalimar Bangalo, C.M. 2-424, Sukhaliya Indore, Vijaynagar, Indore, Madhya Pradesh. ... Applicant versus State Of Chhattisgarh Through Police Station Ambagarh Chowki, District : Mohla-Manpur-Ambagarh Chhattisgarh ... Respondent For Applicant : Shri Sudeep Verma, Advocate. For Respondent/State : Shri Hariom Rai, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29/04/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.187/2024 registered at Police Station – Ambagarh Chowki, District Mohla- Manpur- GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.30 17:40:17 +0530 2 Ambagarh (C.G.). for the offence punishable under Section 318(4) of Bhartiya Nagrik Suraksha Sanhita 2023. 2. Case of the prosecution, in brief, is that allegations against the present applicant are leveled that a written complaint made by the complainant namely Chandresh Kumar Sahu that unknown persons hacked his mobile number and illegally fetched an amount of Rs. 369303/- from his bank account. On receiving the complaint the police registered the F.I.R. bearing crime no. 187/2024 and the present applicant has apprehension that he may be arrested in pursuance of the aforesaid crime number and hence this present application. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the complaint made by the complainant as well as the first information report is registered against the unknown persons and there is no clinching material to link the present applicant with the crime. He would submit that the name of the present applicant is dragged in the instant crime merely on the basis of the memorandum statement of the co- accused. He would submit that there is bonafide transactions occurred in the bank account of the present applicant, for which the applicant has fair explanation i.e. the amount of Rs. 50302.70/- was deposited in the bank account of the present applicant, is by one Dhiraj Sharma on behalf of his brother Niraj Sharma, who owe a debt from the friend of the present applicant namely Krishna Bhan Yadav. The aforesaid factum has been disclosed by the present applicant to the investigating officer and later on the present applicant also returned back the said amount to Krishna Bhan Yadav through credit card (Rs. 49000/-) and in 3 cash (Rs.1000/-). Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail and submits that there is one criminal antecedent against the applicant of the year the 2023 under section 294, 323 and 506 IPC. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of allegation and materials available on record, 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 – Mahesh Pawar, on executing a personal bond and 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. 4 (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 himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri