Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:21438
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 682 of 2025 1 - Anil Chopra @ Gopal S/o Late Shivnarayan Chopra Aged About 63 Years R/o C-313, Priyadarshaniya Nagar, Near Santgyaneshwar School, P.S. New Rajendra Nagar, District Raipur, Chhattisgarh.
... Applicant versus 1 - State of Chhattisgarh Through Police Station New Rajendra Nagar, District Raipur Chhattisgarh.
... Non-applicant For Applicant : Mr. V.R. Tiwari and Mr. Atul Kumar Kesharwani, Advocate For State : Mr. U.K.S. Chandel, Deputy A.G. Hon’ble Mr. Ramesh Sinha, Chief Justice
Order on Board 08/05/2025
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.70/2025 registered at Police Station – New Rajendra Nagar District- Raipur (C.G.) for the offences punishable under Sections 420, 467, 468 and 471 of IPC. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.12 11:47:48 +0530
2
2. Case of the prosecution, in brief, is that the both the applicant and the complainant (Arvind Agrawal) were directors of a company namely Mosaic Info-venture Pvt. Ltd. The said company entered into a development agreement dt. 11.10.2010 with one Shyam Sundar Sharma (director of Sun & Sun Inframatic Pvt. Ltd.) for constructing a mall on 1,22,000 sqft. of its land situated at Pachpedi Naka, Raipur (C.G.), in which construction work also commenced. It is alleged that subsequently, the work was stopped by the present applicant and he resigned from the post of director on 28.12.2012. Thereafter, the 10.01.2023 when the complainant entered into another agreement with G.P.T. Health Care Company, Calcutta for running I.L.S. Hospital, he came to know that the applicant had already prepared a forged agreement dt. 28.12.2012. Thus the FIR has been lodged against the applicant for the offences punishable u/ss. 420, 467, 468, 471 I.P.C.
3.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that the dispute between the applicant and the complainant is civil and commercial in nature, revolving around the sale of shops and has been misconstrued as a criminal case of cheating to harass the applicant, investigation and trial are likely to take time. He further submits that there is huge delay of about 13 years in lodging the said FIR and the applicant is an old aged person of 63 years, therefore, he
3 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 there is huge delay of about 13 years in lodging the said FIR and the applicant is an old aged person of 63 years, 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 – Anil Chopra @ Gopal 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 her 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
4 each and every date given to her 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 vaishali