1 2025:CGHC:25964 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 881 of 2025 Ajay Singh S/o Lal Bahadur Singh Aged About 58 Years R/o House No. 6/ D, Road No. 67, Sector - 06, Bhilai Nagar, Police Station Sector - 06, Bhilai Nagar, District Durg Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station Sector - 06, Bhilai Nagar, District Durg Chhattisgarh. ... Respondent For Applicant : Shri Hemant Kumar Agrawal and Shri Shivam Agrawal, Advocate. For Respondent/State : Shri Sakib Ahmed, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19/06/2025 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.361/2024 registered at Police Station – Sector 06, Bhilai GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.20 16:25:43 +0530 2 Nagar, District Durg (C.G.) for the offences punishable under Section 420 of the IPC. 2. Case of the prosecution, in brief, is that on 18.10.2022, owing to dire commercial requirements, the applicant herein, who engages in the business of transportation, sold two of his trucks to the Complainant for a total consideration of Rs. 27,00,000/-(Rupees Twenty Seven Lakh Only). However, according to the prosecution, the applicant did not handover the said two trucks to the Complainant and neither did he returned the money. Upon receipt of written complaint, the police have registered the FIR dated 01.09.2024 (delay of about two years) against the present applicant for alleged offence u/S. 420 of the IPC. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the complainant is a fraud who claims himself to be employed in the air-force and then goes on to falsely allege that he has purchased two of the trucks of the present applicant and he has not handed-over the said two trucks to the complainant nor has he returned the money and there is a delay of about two years in the registration of the impugned FIR. He would further submit that the complainant has suppressed material facts and has not lodged the impugned FIR dated 01.09.2024 with clean hands. He has not revealed before the police that he had lent Rs. 5,00,000/- (Rupees Five Lakhs Only) to 3 the present applicant, which amount he has received back along with interest via multiple installments paid back to him between 08.12.2022 to 13.03.2023. He would submit that the complainant has falsely alleged in his written complaint to the police that he has executed a sale agreement dated 24.03.2023, whereas, in reality, the complainant has misused the blank stamp paper signed by the applicant which was kept with him along with two other cheques signed by the applicant as a matter of security against the above-referred loan amount of Rs. 5,00,000/- (Rupees Five Lakhs Only) and no such sale agreement dated 24.03.2023 was executed and the complainant has falsely reported the instant matter. He would submit that owing to dire commercial requirements, the applicant had borrowed Rs. 5,00,000/- (Rupees Five Lakhs Only) from the complainant which amount, in fact, he has paid back along with interest (total of Rupees Five Lakh Fifty- Seven Thousand Only paid back via UPI and cash mode). He would submit that it is an admitted position of fact that the two trucks in question are financed through Cholamandalam Finance Company (by the present applicant) and without obtaining a no- objection certificate from the said company, it is not legally possible for anyone to buy/sell the said two trucks to another person/entity. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 4 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, considering the nature of allegation levelled against the applicant, also considering the fact that FIR has been lodged after two years and investigation is still going on, 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 – Ajay 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) 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 5 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 gouri