1 2025:CGHC:25049 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 867 of 2025 1 - Manmohan Binjhwar S/o Bisahu Binjhwar Aged About 40 Years R/o Gram Birtarai, Police Station- Urga, Tehsil Barpali, District Korba, Chhattisgarh ... Applicant versus 1 - State of Chhattisgarh Through Police Station Urga, Korba, District Korba, Chhattisgarh ... Respondent For Applicant : Mr. Anshul Tiwari, Advocate For Respondent/State : Mr. Soumya Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.06.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is 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 and 34 of the Indian Penal Code (IPC). 2. The prosecution story, in brief, is that complainant Smt. Mangal Dai Chauhan launched a written complaint dated 18/04/2025 with the police of police station Bodhghat, Bastar alleging that present VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.06.19 17:36:15 +0530 2 applicants along with two accused persons allured complainant and other uneducated and poor women of forming a committee and taking loans from different banks through that committee and total amount of rupees 19,46,576/-was taken on loan from said banks, out of which only 4,81,476/-has been repaid and balance amount of 14,65,100/- has not been paid. That on the basis of said complaint the police registered crime number 177/2025 under section 420,34 of IPC against present applicants and two co accused namely Ranjit Singh and Sangeeta Singh who have already been arrested by the police 3. That, as per the case of prosecution 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/-was received by his elder brother late Shri Har Prasad Binjhwar in his ICICI bank account on the head of Land Acquisition compensation, and the mobile number of co-accused Jagdish Binjhwar has been registered in the said ICICI bank account, from which, on dated 30.12.2022 sum of Rs.2,00,000/- (Two lakhs) has been illegally transferred by Co-accused (Jagdish Binjhwar) to present applicant's bank account. That, on the said allegations present FIR was registered in Police Station Urga, District Korba, Chhattisgarh on dated 24.04.2025 against the applicant and one other co-accused for the alleged offence under section 420, 406, 34 of Indian Penal Code, 1860.Hence, this application. 4. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the inordinate and unexplained delay of over two years in lodging the FIR fundamentally undermines the prosecution’s 3 case. The alleged illegal transaction occurred on 30.12.2022, yet the FIR was belatedly registered on 24.04.2025, which is more than 27 months later. He further submits that the account holder remained alive until 2024 but never raised any grievance regarding Rs. 2 Lakh transferring during his lifetime. His conscious silence for nearly a full year after the transaction (2022-2024) demonstrate either his prior consent to the transfer or the absence of criminal intent, confirming the applicant’s stand that it was a lawful refund of a land token amount. Therefore, he prays for grant of anticipatory bail to the applicant. 5. On the other hand, learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 6. I have heard learned counsel for the parties and perused the materials available on record. 7. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, considering the fact that the account holder remained alive until 2024 but never raised any grievance regarding Rs.2 Lakh transferring during his lifetime. His conscious silence for nearly a full year after the transaction (2022-2024) demonstrate either his prior consent to the transfer or the absence of criminal intent, confirming the applicant’s stand that it was a lawful refund of a land token amount at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Manmohan Binjhwar on 4 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) 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 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)The Applicant shall not involve themself in any offence of similar nature in future. sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali