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2025 DAILYLAW 29300 (CHH)

AMRITLAL PANJWANI v. NAVEEN KALIA

MCRCA/948/2025 · 2025-07-06

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Judgment text

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1 / 3 2025:CGHC:31053 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 948 of 2025 1 - Amritlal Panjwani S/o Shri Paracharam Panjwani Aged About 55 Years Naharpara, Infront Of Patel Pumps, P.S. Ganj, Raipur (C.G.) 2 - Khushabu Panjwani W/o Shri Amritlal Panjwani Aged About 55 Years Naharpara, Infront Of Patel Pumps, P.S.- Ganj, Raipur (C.G.) ...Applicants versus 1 - Naveen Kalia S/o Kasturilal Kalia Aged About 50 Years R/o Jalvihar Colony, Raipur, Distt. Raipur (C.G.) 2 - State Of Chhattisgarh Through Superintendent Of Police, Raipur, Distt. Raipur (C.G.) ... Respondent(s) For Applicants : Mr. Pragalbha Sharma, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.07.2025 1. The learned counsel for the State submits that the complainant has been duly informed about the filing of the present bail application. However, neither the complainant nor any representative has made on behalf of respondent No. 1. Consequently, the matter is taken up for final hearing. 2. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 have been filed by the applicants, they have been apprehending their arrest in connection with Crime No. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.08 12:58:37 +0530 2 / 3 13286/2024 registered at Police Station Ganj, Raipur District - Raipur (C.G.) for the offences punishable under Sections 420,409,506B & 386 of IPC. 3. That the case of prosecution is that, the Criminal Complaint Case was filed by the Non-Applicant No.01 (Naveen Kalia) before the Special Railway Magistrate, Raipur (C.G.), alleging offence U/s 420, 409 & 506B & 386 of I.P.C, stating therein that "the applicants are in possession of 16 cheques & promissory notes issued by him as a security deposit at the time borrowing loan from the applicant, which is paid by him, and after that the applicants are unlawfully demanding Rs, 50,00,000/-20012025 from him. Copy of the complaint dated 07.12.2024-is filed herewith and marked as ANNEXURE A/2. Special Railway Magistrate. 4. The learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case. He further submits that the applicants have no role to play in commission of the alleged offence. Learned counsel for the applicants further submits that no evidence to connect the present applicants with the alleged offences, therefore, he prays for grant of anticipatory bail to the present applicants. 5. On the other hand, learned State counsel opposed the anticipatory bail application of the applicants. 6. I have heard learned counsel for the parties and perused the case diary. 3 / 3 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and nature of dispute and materials available on record, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicants. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant –Amritlal Panjwani & Khushabu Panjwani 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) they 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 them from disclosing such fact to the Court. (b) they shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) they 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 their 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) they shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav