1 2025:CGHC:19750 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 606 of 2025 Deepak Wadhwani, Aged About 35 Years S/o Late Girdharilal Wadhwani R/o Mahavir Nagar Sharda Vihar, Raipur, District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station- New Rajendra Nagar, Raipur, District- Raipur (C.G.) ... Respondent For Applicant : Shri Rohit Sharma, Advocate. For Respondent/State : Shri U.K.S. Chandel, Dy.A.G. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30/04/2025 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. 59/2025 registered at Police Station – New Rajendra Nagar, Raipur (C.G.) for the offences punishable under Sections 420, 294 of IPC. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.01 17:46:08 +0530 2 2. Facts of the case are that the applicant in the instant case preferred bail application being aggrieved by impugned order dated 04.04.2025 passed by court 8th Additional Sessions Judge Raipur (C.G.). The facts of the case reveal that the complainant Mr. Puran Lal Sahu, financed an old Maruti Suzuki Eeco bearing no. CG 23/2058 having bought the same from Mr. Chandrabhan Badh for an amount of rs. 2,02,858/- financed from Poonawalla Fincorp Limited in the year 2022. After a period of one year, a sum of rs.1,20,000/- was due towards the outstanding finance. During this period, the said vehicle was sold to Mr. Deepak Wadhwani, director of Neeraj Motor. As per the agreed terms the buyer Deepak Wadhwani agreed to clear the dues of finance company and take NOC in the said regard. However, the dues were not paid and as such, the applicant has been served a legal notice from Poonawalla Fincorp Limited. The said fact was brought to the knowledge of Deepak Wadwani, who instead of paying the dues misbehaved with the complainant and whereupon an FIR was lodged against the present accused. The FIR bearing no. 59/2025 against the present applicant/accused is registered at police station- New Rajendra nagar, Raipur (C.G). Thereafter the application seeking anticipatory bail before the Ld session court has been rejected. 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 applicant have no role in the commission of the alleged offence which has taken place. He would submit that the applicant has been engaged in the lawful business of buying and selling cars under the name of "Neeraj Motors since the year 2016, and there has been no complaint or criminal case lodged against the applicant in respect of the said business in any police station across the country till the year 2023, which clearly reflects 3 the bona fide conduct and clean antecedents of the applicant. He would further submit that accused/applicant and complainant has amicably settled the dispute and all dues have been cleared by the present applicant. A copy of settlement and afÏdavit thereto is annexed hereto and marked as Annexure-A/2 (Colly). 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. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, considering the fact that the applicant and complainant have amicably settled the dispute and all dues have been cleared by the present applicant and a copy of settlement and afÏdavit has been annexed with the bail application, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Deepak Wadhwani, 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 4 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. (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