1 2025:CGHC:28752 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 794 of 2025 Gurmeet Oberoi S/o Sardar Raghubir Singh Aged About 46 Years R/o - Kasvid Apartment (Correct Name Is Crosswinds), Daldal Seoni Road, Raipur, Tehsil And District- Raipur (C.G.) ... Applicant(s) versus The State Of Chhattisgarh Through - Police Station - Mohan Nagar, District- Durg (C.G.) ... Respondent(s) For Applicant(s) : Mr. U.N.S Deo, Advocate. For Respondent(s) : Mr. Jitendra Shrivastava, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.06.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.88/2025 registered at Police Station Mohan Nagar, District- Durg (C.G.) for the offence punishable GOURI MUDALIAR Digitally signed by GOURI MUDALIAR 2 under Section 318(4), 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Prosecution case in brief is that the complainant, Pravin Kumar Jain, submitted a written report to Mohan Nagar Police Station alleging that on January 10, 2023, Pushpendra Singh met him in Dipak Nagar and informed him that Joya Enterprises required a transporter. When he expressed his interest, Pushpendra Singh arranged a meeting with Rajesh Dua, CEO of Joya Enterprises. Rajesh Dua called him to a meeting at Sayaji Hotel, Raipur, where he claimed that his company had secured a tender from Adani Group for transporting and loading 1 lakh tons of coal per day from Bijhari Coal Mines, Raigarh, Chhattisgarh, at a rate of Rs.42 per ton. Rajesh Dua offered to give him the work on a commission basis, requiring 5% commission on the bill amount, with 1% to be paid in advance and the remaining 4% after the bill clearance. The complainant agreed, and Rajesh Dua asked him to meet Dharmesh Kotak, General Manager of the company, at SK Care Hospital, Pachpedi Naka, Raipur. At the hospital, he met Dharmesh Kotak, Gurmeet Oberoi (the applicant), and Saurabh Tiwari, who demanded half a percent commission to be transferred to the company's account through RTGS. The complainant transferred Rs.50,00,000. Later, Pushpendra Singh demanded another 2% commission, threatening to cancel the tender if not paid. The complainant then transferred Rs.23,60,000 to Kotak Mahindra Bank account of Hospitality Partner. After 3 discovering that Joya Enterprises had not received any work, the complainant contacted Rajesh Dua, who sent an email stating that his work order had been canceled. The complainant alleged that Rajesh Dua, Gurmeet Oberoi, Dharmesh Kotak, Saurabh Tiwari, and Pushpendra Singh had conspired to cheat him and misappropriate Rs.73,60,000. Based on the complainant's report, the Mohan Nagar police registered a case under Sections 318(4) and 3(5) of the BNS. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the case. He further submits that the the matter has been compromised between the parties as the applicant refunding Rs.23,60,000/- on May 14, 2025, via Demand Draft. The complainant has acknowledged the refund by issuing a DD receipt dated May 14, 2025, copy of the same is annexed as Annexure A/2, and the complainant has no objection, if the present applicant has been granted bail, hence he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that though the applicant has no criminal antecedent, but he alongwith other co-accused persons had conspired to cheat the complainant and misappropriate Rs.73,60,000/-, therefore, he is not entitled for grant of 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, nature of dispute and material available in case diary and the fact that though the applicant is alleged to have conspired to cheat the complainant and misappropriate Rs.73,60,000/- in collusion with other co-accused persons, but the matter has already been compromised between the parties as the applicant has refunded Rs.23,60,000/- on 14.04.2025 to the complainant via Demand Draft, which was duly acknowledge by the complainant by issuing DD receipt on the same day, copy of which is annexed as Annexure A/2, and the complainant has no objection, if the presnet applicant has been gratned bail, as such, without further commenting anything on merits, this Court find it appropriate 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 - Gurmeet Oberoi, on executing a personal bond with 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. 5 (b) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (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 their adhaar card alongwith a colored 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 gouri