1 2025:CGHC:1562 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 30 of 2025 Arju Malik Daughter of Late Rauf Malik (Wrongly Written As Wife of Irfan Malik As She Is Already Divorced), Aged About 30 Years Resident of Ward No. 11, Post OfÏce Civil Line Shivpur Charcha, Tahsil Baikunthpur, District Koriya (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Khairagarh, District Khairagarh-Chhuikhadan-Gandai (C.G.) ... Non-applicant For Applicant : Mr. Shikhar Sharma, Advocate. For Non-applicant/State : Mr. U.K.S. Chandel, Dy. Adv. General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.01.2025 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. 473/2024 registered at Police Station – Khairagarh, District – Khairagarh – Chhuikhadan - Gandai (C.G.) for the offences punishable under Sections 420 and 34 of the BNS, 2023. 2. According to the prosecution's story, the complainant, Manharan Lal Sahu, filed a complaint at the Khairagarh Police Station. He ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.10 20:13:23 +0530 2 alleged that the applicant, along with Pawan Gupta, promised him a 30% profit on selling the company's fertilizer and seeds. The complainant claimed that he paid Rs. 5,25,000/- in installments, but the applicant and Pawan Gupta failed to deliver the fertilizer and seeds. Consequently, an FIR was registered against the applicant and Pawan Gupta. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant is neither an active partner nor a director in the company, which is actually run by the main accused, Pawan Gupta. Gupta made the applicant a director of the company by stating that two persons were required for registration and formation. Since Gupta is a well-known person and an old friend of the applicant, she consented to being a nominal partner/director. However, the applicant is not actively involved in the company, and its entire operations are managed by Gupta, who is the sole owner. Consequently, the applicant is not actively involved in the transactions entered into by the complainant with the company. He further submits that the agreement was entered into by the complainant with the company, owned by Pawan Gupta, for the supply of fertilizer and seeds. However, due to a shortage, the company was unable to deliver the fertilizer and seeds on time. This is a civil matter, not a criminal offense. It appears that the complainant, with the intention of recovering their amount, has filed a criminal complaint. Therefore, he prays for grant of anticipatory bail to the present applicant. 3 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicant. 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 and nature of dispute and material available in case diary and it appears that there was a dispute between the applicant and the complainant regarding business transactions, due to which the present FIR has been lodged against the applicant. Therefore, without further commenting anything on merits, 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 – Arju Malik, 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) 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. 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek