1 2025:CGHC:21679 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 688 of 2025 1 - Hitendra Sharma S/o Late Rajkumar Sharma Aged About 35 Years R/o Lig 205, Sec C.G. Deendayal Colony Mangla, Thana Civil Line, Bilaspur District - Bilaspur Chhattisgarh ... Applicant versus 1 - State of Chhattisgarh Through District - Magistrate Bilaspur District - Bilaspur Chhattisgarh ... Non-applicant For Applicant : Ms. Nupur Trivedi, Advocate For State : Mr. Sakib Ahmed, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/05/2025 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.310/2025 registered at Police Station – Civil Lines, District-Bilaspur for the offences punishable under Sections 316(2) and 3(5) of BNS, 2023. 2. Case of the prosecution, in brief, is that the case of prosecution story, an agreement has been executed between present VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.13 12:24:59 +0530 2 applicant and the complainant whereby a vehicle no. CG 09 JJ 1198 owned by complainant has been given to the applicant on rental service for a period of 11 months. It had been alleged that the present applicant has misused and misappropriated the said vehicle for personal gains and has mortgaged the said vehicle to the third party without the consent of complainant also the rent has also not been paid to him. That, on the said allegations the present FIR was registered in Civil Lines, Bilaspur, Chhattisgarh on dated 19.03.2025 against the applicant and one other co-accused for the alleged offence under section 316 (2) and 3 (2) of Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. She would submit that the rental agreement explicitly spans from 14.07.2023 to 13.07.2024 and the complainant filed FIR prior to the completion of this term. By doing so, the complainant per-emptively accused the applicant of default, disregarding the contractual timeline. The applicant retains the lawful right to possess the vehicle during the agreement period and any alleged failure to pay rent could be contested or rectified with the agreement’s tenure. The premature lodging of the FIR demonstrates malafide intent to harass the applicant rather that seek genuine redressal. She further submits that the co-accused namely Ajay Kumar Soni has been granted bail by the learned 10th Session Judge, Bilaspur in bail application No. 3 647 of 2025 on dated 27.03.2025, investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, also considering the fact that the co-accused namely Ajay Kumar Soni has been granted bail by the learned 10th Session Judge, Bilaspur in bail application No. 647 of 2025 on dated 27.03.2025, investigation and trial are likely to take time, investigation and trial are likely to take time, 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 – Hitendra Sharma on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, 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 4 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. (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/- Sd/- (Ramesh Sinha) Chief Justice vaishali