1 2025:CGHC:22174 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 757 of 2025 Atul Gupta S/o Jawahar Lal Gupta Aged About 38 Years R/o Near Gayatri Mandir, Vinoba Nagar, Police Station - Tarbahar, Bilaspur, District Bilaspur Chhattisgarh. ... Applicant versus State of Chhattisgarh, Through Station House Officer, Police Station Civil Line, Bilaspur, District Bilaspur Chhattisgarh ... Non-applicant For Applicant :Mr. Malay Shrivastava, Advocate. For Non-applicant/State :Mr. Malay Jain, Panel Lawyer. 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.489/2025, registered at Police Station – Civil Lines, Bilaspur, District Bilaspur, (C.G.), for the offence punishable under Sections 119 (1), 296, 115(2), 351(2) of the Bharatiya Nyaya Sanhita, 2023. 2 2. As per prosecution case, present applicant in order to consume the liquor entered the shop of the complainant (Rajesh Gupta) and demanded Rs.2,000/- and when the complainant refused to give money, he assaulted and abused him. Based upon report, FIR was registered against the applicant for the aforementioned offence. 3. Learned counsel for the applicant submits that the applicant is doing the business alongwith his father, they are having the shop name and styled as ‘Amar Pipe’ which is supplying the sanitary fitting of different companies. The agent of the Astral Company has taken the order from the shop of the complainant (Rajesh Gupta) for delivery of the Sanitary Fitting and given the same to the applicant and it was agreed between the parties that the payment will be done immediately after the supply of the goods and material. Thereafter, complainant on different dates have purchased the goods and materials as per the requirement and thereby complainant has purchased the material/goods amounting to Rs.6,20,819/- from the shop of the applicant, but did not pay the amount on time to the applicant, copy of invoice/ledger and bank statement of the applicant’s shop is annexed as Annexure A/5. As sum of Rs.83,842/- was balanced upon the complainant, on telephone complainant asked the applicant to come his shop and when the applicant reached his shop, complainant started abusing and threatened him for dire consequences and in furtherance instant FIR has been lodge against the applicant on false and 3 frivolous grounds. 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, particularly the submission that complainant on different dates have purchased some goods/materials from the shop of the applicant for which some transaction is done which is evident from Annexure A/5, further considering that there is some dispute between the parties regarding the payment of goods/material, without commenting anything on merits of the case, 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 -Atul Gupta 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 Arresting Officer. The applicant shall also abide by the following conditions : 4 (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.