1 2025:CGHC:23881 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 845 of 2025 Sanni S/o Manohar Lal Godwani Aged About 36 Years R/o Smridhi Colony Balodabazar District - Balodabazar - Bhatapara (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station City Kotwali Balodabazar District - Balodabazar - Bhatapara (C.G.) ... Respondent For Applicant : Shri Sanjay Agrawal, Advocate. For Respondent/State : Shri Nitansh Jaiswal, PL. For complainant : Shri Tanuj Patwardhan, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13/06/2025 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.344/2025 registered at Police Station – City Kotwali Balodabazaar for the offences punishable under Section 318 (4) of BNS, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.16 17:58:33 +0530 2 2. Case of the prosecution, in brief, is that the complainant namely Abhishek Sahu lodged written complaint on 07/04/2025 before the police station alleging that the present applicant on 12/08/2024 after conversations convinced the complainant that if the complainant will give sum to the applicant then the applicant will double the amount within six months, therefore the complainant gave amount for the sum of Rs. 57,000/- cash on 14/08/2025 and thereafter sum of Rs. 43,000/- was deposited in the bank account of mother of the applicant which is in the name of Vinay Glass and Mandir Bhandar but when he failed to double double the amount the complainant lodged the first information report (F.I.R.). 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated by the complainant. He would submit that the applicant and the complainant are known to each other therefore the applicant borrowed some amount from the complainant for business purpose as the applicant runs shop in the name of Rajesh Boot House and due to financial difficulty the applicant failed to repay the said amount to the complainant within time, therefore the complainant knowing to the fact that it is civil dispute lodged false and fabricated first information report (F.I.R.) against the applicant turning it into criminal nature, but at later stage the applicant has paid the amount to the complainant. He would submit that the Trial court without appreciating the contentions of the complainant has rejected the bail of the applicant as the applicant has also paid the interest of the borrowed amount. He would further submit that there is delay in lodging the first information report (F.I.R.) as the date of incident is 15/08/2024 and the complainant has lodged the report after the period 3 of eight months which is unexplained, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel as well as learned counsel for the complainant opposes the prayer for grant of anticipatory bail. Learned State counsel would submit that the applicant has one criminal antecedent of the year 2025. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, considering the nature of allegation levelled against the applicant and also considering the fact that investigation and trial are likely to take time, this Court finds 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 – Sanni , 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 4 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 gouri