1 2025:CGHC:21681 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 685 of 2025 Ranjit Kumar Chouhan S/o Nathuram Chouhan Aged About 29 Years R/o Dumarpali, P.S. Chakradhar Nagar, District Raigarh Chhattisgarh. ... Applicant versus State of Chhattisgarh Through S.H.O. P.S. Chakradhar Nagar, Raigarh Chhattisgarh. ... Non-applicant For Applicant : Mr. Ankit Singh, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. For Objector : Mr. Hari Agrawal, Advocate 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. 139/2025 registered at Police Station – Chakradhar Nagar, Raigarh, (C.G.) for the offences punishable under Section 318(4) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution’s case, in brief, is that one Rajkumar Sahu lodged a written report alleging that on 30.03.2025, the applicant, RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 who is the Director of an NGO working for the welfare of the elderly and needy, informed him that he had received a contract for the construction of a Health and Wellness Centre. The applicant proposed that they work together on the project, highlighting that it had a high-profit margin. Upon learning this, the complainant agreed to collaborate. To initiate the construction work, the applicant asked the complainant to deposit Rs. 6 lakhs as a security amount, which the complainant transferred to the applicant’s account between 20.06.2024 and 12.07.2024. In return, the applicant issued three cheques to the complainant amounting to Rs. 1 crore, Rs. 12 lakhs, Rs. 62 lakhs, and Rs. 17 lakhs respectively, but all cheques were dishonoured by the bank. When the complainant threatened to initiate legal action, the applicant returned Rs. 4,25,000, but the remaining amount of Rs. 1,75,000 has not been paid. Thus, as per the prosecution, the applicant cheated the complainant by luring him with the promise of a contract. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He submits that there is 09 months delay in lodging the FIR and the allegations made in the FIR are general and vague in nature, the allegations do not reveal any commission of offence. He further submits that the applicant has already paid Rs. 4,25,000/- to the complainant and the same has been mentioned in the FIR and if the applicant would be having an intention to cheat the complainant, then why would he returned the amount to the complainant, a copy of the FIR is 3 annexed as Annexure A/3. Hence, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel, appearing for the non - applicant/State as well as learned counsel for the objector opposes the anticipatory bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of learned counsel for the parties, the nature of the dispute, and the material available in the case diary, it appears that though the applicant is alleged to have cheated the complainant by fraudulently alluring him with the promise of a contract and induced him to invest Rs. 6 lakhs on the false pretext of securing a contract for the construction of a Health and Wellness Centre, but upon being confronted, the applicant returned Rs. 4,25,000, as stated in the FIR (Annexure A/3), 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 – Ranjit Kumar Chouhan, 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 4 dissuade him from disclosing such fact to the Court. (b) The applicant shall not act in any manner which 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/- (Ramesh Sinha) CHIEF JUSTICE Rahul Dewangan