1 2025:CGHC:21097 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 659 of 2025 1 - Mayank Soni S/o Kishore Soni Aged About 20 Years R/o Ward No.-25, Jagjeevanram Ward, Dallirajhara, Tahsil - Doundi, District - Balod (C.G.) 2 - Kishor Soni S/o Badrinarayan Aged About 50 Years (Not Mentioned In The Order Sheet), R/o Ward No.-25, Jagjeevanram Ward, Dallirajhara, Tahsil - Doundi, District - Balod (C.G.) ... Applicants versus State Of Chhattisgarh By Police Station - Dallirajhara, District - Balod (C.G.) ... Respondent For Applicants : Shri Jitendra Gupta, Advocate. For Respondent/State : Shri Sakib Ahmed, PL. For complainant : Shri B.P. Singh, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07/05/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 have been filed by the applicants, who are apprehending their arrest in connection with Crime No.103/2025 registered at Police Station – Dallirajhara, District:Balod (C.G.), for the GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.08 18:21:11 +0530 2 offences punishable under Sections 308(2) of Bharatiya Nyay Sanhita and section 4 of Protection of Debtors Act. 2. Case of the prosecution, in brief, is that the police of police station Dallirajhara, District Balod has registered a crime against the present applicants for the alleged offences. The incident occurred on 22/02/2024 to 19/02/2025 and the FIR to the effect of incident lodged on 16/04/2025. According to case diary, the complainant Pankaj Soni lodged a written report on 07/03/2024 upon which the investigation carried out and the FIR has been registered on 16/04/2025. Further on investigation it was found that the complainant and applicant No.1 both were indulged in the business of Sale and purchase of gold and silver. It was also found that both were playing betting through on line App and the complainant borrowed 31lacs on several occasions from the applicant No.1 due to defeated in the betting. The complainant deposited 45 lacs including the interest amount through bank account to the applicant No.1 and also mortgaged jewelry of Rs. 37lacs to the applicant No.1, but the present applicants pressuring upon the complainant to return back the rest of the borrowed amount in the tune of Rs. 14lacs and also while abusing threatened him to disclose to the family people about habit of playing betting through on line App. Upon the above said investigation the alleged offences have been registered against the present applicants. 3. Learned counsel for the applicants submits that the applicants are innocent and they have been implicated in a false crime and moreover the applicants and the complainant are acquainted with each other as both were in the same business and further it is submitted that both were running a jewelry shop at Dallirajhara. He would submit that the applicant No.1 has also lodged a written report against the brother 3 (Sourabh Soni) of the complainant before registration of FIR on dated 16/05/2025 in which the applicant No.1 also leveled an allegation against the complainant and his brother with regard to playing fraud with the present applicant No.1 to avoid return of amount 14 lacs. The applicant No.1 further also lodged a written report on 20/03/2025 to the SHO Dallirajhara and Superintendent of Police Balod. He would submit that the complainant Pankaj Soni has given in writing on the Stamp paper of 100/- to return 10 lacks to the applicant No.1 within 2 months. Therefore, he submits that the present applicants are 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 he would submit there is no criminal antecedents against the applicants. 5. Learned counsel appearing for the objector opposes the prayer for grant of anticipatory bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature and gravity of offence, considering the monetary dispute between the parties and also considering the fact that there is no criminal antecedents against the present applicants and the fact that investigation and trial are likely to take time, this Court finds it appropriate to grant anticipatory bail to the applicants. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant No.1 Mayank Soni and applicant No.2 Kishor Soni, on each of them executing a personal bond and one 4 surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) The applicants 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 applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) The applicants 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 applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri