1 2025:CGHC:28748 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 803 of 2025 1 - Ajay Kumar S/o Brijnandan Prasad Aged About 38 Years Village And Post- Mohammadpur, Police Station And Tehsil- Asthawa, District- Nalanda (Bihar) 2 - Smt. Kumari Atima Singh (Wrongly Mentioned As Kumar Atima Singh In The Impugned Order) W/o Ajay Kumar Aged About 36 Years Village And Post- Mohammadpur, Police Station And Tehsil- Asthawa, District- Nalanda (Bihar) ... Applicants versus State Of Chhattisgarh Through P.S. Newai, District Durg (C.G.) ... Respondent For Applicants : Ms. Sweksha Sharma, Advocate. For Respondent/State : Shri Jitendra Shrivastava, G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27/06/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No.197/2023 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.28 21:02:09 +0530 2 registered at Police Station Newai, District Durg (C.G) for the offences punishable under Sections 420, 34 of Indian Penal Code, 1860. 2. Case of the prosecution, in brief, is that the complainant, namely Swaraj Malik, was working as a senior manager at Bhilai Steel Plant till 31.03.2022 after which he resigned for better work opportunities and left for Banalore. However, due to Russia Ukraine war, the company in which the complainant was working started removing its employees after which the complainant again wanted to join Bhilai Steel Plant. He told his problem to one Santu Kumar, working as Operator cum Technician in Bhilai Steel Plant who sent him to the present applicants. The present applicants assured him that, they reside in the village of Central Minister of Ministry of Steel and they can help him get his job back and in lieu of getting the job at Bhilai Steel Plant, the applicant took and amount of Rs. 25,00,000/-from the complainant between 15.06.2022 till 02.11.2022. Thereafter, the complaint was filed on 23.07.2023. 3. Learned counsel for the applicants submits that the applicants have been falsely been implicated in the instant case. The applicant no. 01 had earlier given a loan of Rs. 25,00,000/- in installments to the complainant. The applicant No. 01 had sold a land after which he had received certain amount. The amount was the returned by the complainant to the account of complainant no. 02. However, 4 lakh rupees was still remaining to be returned by the complainant and when the applicants pressurized the complainant to return the remaining amount of Rs. 4,00,000/-, the present FIR was filed. She would submit that applicant No. 02 is the wife of applicant No. 01 and has falsely 3 been implicated. She had no role to play in the transaction between the applicant No. 01 and the complainant. She would submit that the complainant is blackmailing the applicants to return the amount of Rs. 25,00,000/- in cash for compromising the matter. She would submit that the instant is merely a civil dispute and the complainant has filed the complaint after almost 1 year, merely to pressurize the present applicants. She would submit that the complainant himself was earlier working as a senior manager at Bhilai Steel Plant and had himself left the job and he is very well acquainted with the process of recruitment at Bhilai Steel Plant. Therefore, she submits that the present applicants are 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. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submission of learned counsel for the parties and considering the fact that investigation and trial are likely to take time, without commenting anything on the merits of the case, I am inclined to grant anticipatory bail to the present applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant No.1 Ajay Kumar and applicant No.2 Smt. Kumari Atima Singh, on each of them executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) The applicants shall not directly or indirectly make any 4 inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such fact to the Court. (b) The applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) The applicants 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 applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri