1 2025:CGHC:22089 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 739 of 2025 1 - Chhatrasal Singh S/o Late Mahendra Singh Aged About 67 Years (Wrongly Mentioned In Impugned Order As Chatrapal Singh), R/o Kila Uchehra, District Satna (M.P.). ... applicant versus 1 - State Of Chhatisgarh Through Police Station Khamtarai, District Raipur Chhattisgarh. ... Non-applicant For applicant : Mr. Parth Shrivastava, Advocate For Non-applicant : Mr. Ajit Singh, Govt. Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.05.2025 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. 708/2024 registered at Police Station – Khamtarai, District – Raipur (C.G.) for the SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.05.15 17:19:39 +0530 2 offence punishable under Section 420 & 409 of Indian Penal Code (IPC). 2. The prosecution story in brief is that the applicant forced the complainant to invest in his business by promising high returns in a short period and executed an agreement dated 19.09.2017. Pursuant to this, the complainant gave ₹25,00,000 in cash and further amounts of ₹10,00,000 each through RTGS on 20.09.2017 and 29.09.2017, and ₹5,00,000 on 10.10.2017. Even after a period of eight months had passed, the applicant neither provided any account of the investment nor returned the amount with the promised profit. Thereafter, the applicant issued a cheque for ₹90,00,000, which was dishonoured due to the closure of the bank account. In this manner, the applicant committed fraud against the complainant in respect of the invested amount of ₹50,00,000 and the profit amounting to ₹40,00,000. Based on the said report, FIR was registered against the applicant under Sections 420 and 409 of the Indian Penal Code. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the applicant and the complainant had entered into a joint partnership agreement dated 19.09.2017 and according to the said agreement, it was decided between them that 20% of the fixed capital required for purchasing and storing apples, and the remaining 75% would be invested by the applicant in the said business. He further submits that the complainant has lodged the FIR with inordinate delay. The applicant suffered losses due to the complainant lack of interest and failure to fulfill his part of the obligations. The complainant without resorting to mediation class made the complaint against the applicant 3 on false ground. It is evident from the transactions and contents of the FIR that the present matter is purely a civil dispute. He also submits that the applicant has no criminal antecedents, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the applicant issued a cheque for ₹90,00,000, which was dishonoured due to the closure of the bank account. In this manner, the applicant committed fraud against the complainant and therefore, the present applicant is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, and particularly that there was business transactions between the parties and civil remedy is available to the complainant and also considering that there is delay of about 08 years in lodging the FIR, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Chatrasal Singh, 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) 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. 4 (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. (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 sagrika