1 2025:CGHC:2217 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 751 of 2025 Amarnath Khandey S/o Late Shri Ram Prasad Khandey Aged About 36 Years R/o Village- Kothari Navapara, Police Station Barpali, Tehsil- Barpali, District Korba (C.G.). ... Applicant versus State of Chhattisgarh, Through Station House Officer, Police Of Police Station- Urga, District- Korba (C.G.) ... Non-applicant For Applicant :Mr. Ashutosh Shukla, Advocate. For Non-applicant/State :Mr. Pramod Shrivastava, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 20.05.2025 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.152/2025, registered at Police Station – Urga, District- Korba (C.G.), for the offence punishable under Sections 420, 406, 34 of the Indian Penal Code. 2 2. The prosecution's story, in brief, is that a complaint was lodged by complainant (Mohan Lal Binjhwar) in the concerned Police Station stating that sum of Rs.22,48,646/- received by his elder brother late Shri Har Prasad Binjhwar in his bank account on the head of Land Acquisition compensation, from which, sum of Rs.10,00,000/- (ten lakh) has been illegally transferred by the applicant to his account. Based upon report, FIR was registered against the applicant for the offence punishable under Sections 420, 406, 34 of the IPC. 3. Learned counsel for the applicant submits that brother of the complainant late Har Prasad Binjhwar had borrowed some loan amount from the present applicant on account of some medical emergency in the Year 2023. When Har Prasad Binjhwar received the amount of compensation, he returned the loan amount to the applicant through the online transaction and in this regard also executed the affidavit on 26.04.2023 before the Public Notary in presence of the two witness namely Vishal Singh & Firtu Ram, copy of said affidavit is annexed as Annexure A-2. On 24.04.2023, late Har Prasad Binjhwar also written letter to the SHO of concerned Police Station for informing the said transaction, copy of which, is annexed as Annexure A-3. Learned Counsel further contended that present applicant has been implicated in this case only on the basis of the complaint made by the younger brother of late Shri Har Prasad Binjhwar as the civil dispute is pending before the Civil Court regarding partition amongst the three 3 brothers. Since, late Shri Har Prasad Binjhwar has died in the year 2024, his younger brother i.e. complainant is trying to blackmail the present applicant. Hence, it is prayed that applicant may be enlarged on anticipatory bail. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant and submits there is specific allegation against the applicant of committing the alleged offence/crime, hence, he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties. 6. Considering facts of the case, nature of offence, submissions of counsel for the parties, the fact that late Har Prasad Binjhwar had borrowed some loan amount from the present applicant in the Year 2023 and, thereafter, returned the same to the applicant through the online transaction and also executed the affidavit Annexure A-2 on 26.04.2023, particularly the submission that there is dispute regarding partition amongst the three brothers, without commenting anything on merits of the case, this Court find it appropriate to grant anticipatory bail to the applicant. 7. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant -Amarnath Khandey in connection with the crime in question, he shall be released on bail by the Officer arresting him on executing a personal bond with one surety in the like sum to the satisfaction of the concerned 4 Arresting Officer. The applicant shall also abide by 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 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 J.