1 2025:CGHC:18348 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 557 of 2025 1 - Manuwar Khan S/o Sarif Khan Aged About 36 Years R/o Village Jamaipura, Masuri, Aadhyamik Nagar, District Gajiyabad Uttar Pradesh. 2 - Nafis Ahmad S/o Usman Aged About 39 Years R/o Mujaffar Nagar, Ramraj Uttar Pradesh. 3 - Imran Ali S/o Akhtar Ali Aged About 52 Years R/o Mujaffar Nagar, Ramraj Uttar Pradesh. ... Applicants versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Baikunthpur, District – Korea, Chhattisgarh. ... Non-applicant For Applicants : Mr. Pawan Kumar Kashyap, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 23.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. The applicants have preferred this anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending their arrest in connection with Crime No. 13/2025, registered at Police Station – Baikunthpur, District – Korea (C.G.) for alleged commission of offence punishable under Sections 140(3), 318, 308(5) and 61(2-a) of the BNS. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 3. As per the prosecution story in brief, is that the complainant has made complaint to the concerned Police Station alleging that on 05.01.2025 in the morning two unknown persons came in his house and they have promised to flatten to his field by consideration amount of Rs. 3/per sqft. and thereafter, the complainant have given cash amount of Rs. 1000/- to the accused persons and thereafter on dated 07.01.2025 above two accused persons constructing for flatten to his field by JCB Machine by receiving Rs. 5000/- for diesel and subsequently on 08.01.2025, 04 unknown person came in the field and thereafter out of 06 unknown persons, 02 unknown persons carried the complainant by their motorcycle to the State Bank of India, Baikunthpur and thereafter, the complainant has withdrawn the FD amount of Rs. 15,00,000/- out of which amount, the accused persons have withdrawn the amount of Rs. 7,00,000/- through his cheque No. 252040, on the basis of such complaint, the Police has registered FIR against the applicants. Hence, this application. 4. The learned counsel for the applicants has argued that the applicants are completely innocent and further submitted that the prosecution has failed to prove the case of the prosecution story against the applicants because there is no name of the applicants have been registered in lodging FIR and registered against the unknown persons sons and only on the basis of memorandum statement and merely suspicious the present applicants have falsely been implicated in connection of this crime without sufÏcient reason. Therefore applicants are entitle for grant of bail. 5. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submitted that, it transpires that the complainant has made complaint to the concerned Police Station alleging that on 3 05.01.2025 in the morning two unknown persons came in his house and they have promised to flatten to his field by consideration amount of Rs. 3/per sqft. and thereafter, the complainant have given cash amount of Rs. 1000/- to the accused persons and thereafter on dated 07.01.2025 above two accused persons constructing for flatten to his field by JCB Machine by receiving Rs. 5000/- for diesel and subsequently on 08.01.2025, 04 unknown person came in the field and thereafter out of 06 unknown persons, 02 unknown persons carried the complainant by their motorcycle to the State Bank of India, Baikunthpur and thereafter, the complainant has withdrawn the FD amount of Rs. 15,00,000/- out of which amount, the accused persons have withdrawn the amount of Rs. 7,00,000/- through his cheque No. 252040, on the basis of such complaint, the Police has registered FIR against the applicants. Therefore, the present anticipatory bail application of the applicants is liable to be rejected. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Considering the facts & circumstances of the case, allegations levelled against the applicant in the FIR, and from the perusal of the records available, it transpires that the complainant has made complaint to the concerned Police Station alleging that on 05.01.2025 in the morning two unknown persons came in his house and they have promised to flatten to his field by consideration amount of Rs. 3/per sqft. and thereafter, the complainant have given cash amount of Rs. 1000/- to the accused persons and thereafter on dated 07.01.2025 above two accused persons constructing for flatten to his field by JCB Machine by receiving Rs. 5000/- for diesel and subsequently on 08.01.2025, 04 unknown person 4 came in the field and thereafter out of 06 unknown persons, 02 unknown persons carried the complainant by their motorcycle to the State Bank of India, Baikunthpur and thereafter, the complainant has withdrawn the FD amount of Rs. 15,00,000/- out of which amount, the accused persons have withdrawn the amount of Rs. 7,00,000/- through his cheque No. 252040, on the basis of such complaint, the Police has registered FIR against the applicants, thus, I am not inclined to grant anticipatory bail to the applicants. 8. Accordingly, the Anticipatory Bail application of the applicants – Manuwar Khan, Nafis Ahmad, and Imran Ali , filed under Section 482 of the BNSS, 2023 in connection with Crime No. 13/2025, registered at Police Station – Baikunthpur, District – Korea (C.G.) for alleged commission of offence punishable under Sections 140(3), 318, 308(5) and 61(2-a) of the BNS, is rejected. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar