1 2025:CGHC:27054 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 890 of 2025 Mohan Mandhan S/o Shri Bhiman Das Mandhan Aged About 65 Years R/o House No. 10/22 B, Ward No. 40, Raigarh Bada, Civil Lines, Ps- Civil Lines, District- Raipur (C.G.) ...Applicant versus State Of Chhattisgarh Through Police Station Saraipali, District - Mahasamund (C.G.) ... Non-applicant For Applicant : Mr. Pranav Tiwari, Advocate For Res./State : Mr. S. S. Baghel, Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.06.2025 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. 74/2025 registered at Police Station – Saraipali, District- Mahasamund (C.G.) for the offence punishable under Sections 318(4), 3(5) of BNS, 2023. 2 2. The prosecution's case is that in December, 2022, the complainant bought one Isuzu Hilander 2WD MT Diesel Vehicle from Shubh Commercial, Raipur. The said vehicle was a demo vehicle and the registration date is 03.12.2022. After the delivery of the vehicle the complainant came to know that the vehicle was a 2021 manufactured model but in the Insurance Policy it was said to be manufactured of the year 2022. In the FIR, the complainant alleged to have paid Rs. 23,05,521/-. As a result, some second hand vehicle was sold to the complainant instead of new vehicle. But in reality, the complainant was well versed with the fact that it was a demo vehicle and he got huge discount of Rs. 4,50,000/- and effectively he only paid RS. 17,35,389/- for the Isuzu Hilandar vehicle which would ordinarily costs Rs. 21,85,389/- if he would have opted to buy Brand New Vehicle. The applicant is a senior citizen, aged about 65 years, and is presently working as the one of the Operator of Shubh Commercials, an authorised dealership of Isuzu Vehicles located at Raipur. Upon being influenced by ill-intention, the complainant filed a complaint against all the owners as well as the staff members of Shubh Commercials. 3. Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in this case. He submits that the present applicant is the eldest member of the family aged about 65 years, and has no role in the incident. The applicant has no criminal antecedent. He would also submit that the incident is of the December, 2022 and the FIR has been lodged much later on 21.03.2025 i.e. after delay of more than two years. He would further submit that the applicant is ready to furnish adequate surety and shall 3 abode by all the directions and condition which may be imposed by this Hon’ble Court, hence, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel for the non-applicant/State, would oppose the bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and also considering the fact that the present applicant is aged about 65 years and has no criminal record and also considering the fact that incident is of the December, 2022 and the FIR has been lodged much later on 21.03.2025 i.e. after delay of more than two years, therefore, without further commenting anything on merits, I am inclined 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 – Mohan Mandhan 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) 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. (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 his adhaar card along with a coloured postcard full size photo 4 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. 8. Certified copy, as per rules. Sd/- (Ramesh Sinha) CHIEF JUSTICE amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.06.24 18:18:41 +0530