Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:28147
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 915 of 2025 1 - Rajendra Rajput S/o Thakur Singh Aged About 32 Years R/o Nehru Nagar Bilaspur, Tahsil And District - Bilaspur (C.G.)
... applicant versus 1 - State Of Chhattisgarh Through P.S. Civil Line, District - Bilaspur (C.G.)
... Non-applicant For Applicant : Mr. Bhuvneshwar Singh Rajput, Advocate For Res./State : Mr. Malay Jain, Panel Lawyer Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 26.06.2025
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. 593/2025 registered at Police Station – Civil Line, District- Bilaspur (C.G.) for the offence punishable under Section 318(4) of the Bhartiya Nyay Sanhita (BNS). 2
2. As per the prosecution's story, in brief, the allegation agist the applicant as levelled by the complainant Tulsidas Manikpuri is that the applicant was saying that his vehicles run in police patrolling has got diesel and petrol filled in the vehicles from November, 2024 to March, 2025 for which, when he asked for the total amount of Rs. 54,800/-, he said that he will make the payment by cheque and gave a cheque of Federal Bank bearing Cheque No. 10138694, which bounced when deposited in the bank for payment, about which the applicant was told that it is okay, but till date he has not paid the bill. It has been further alleged by the complainant that the applicant has knowingly given the cheque with the intention of committing fraud even though there is no money in his account. Based on the above mentioned report of the complainant Tulsidas Manikpur (Manager of Jio Petrol Pump Jarhabhata), a Crime has been register against the present applicant. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the applicant the applicant gave a cueque of Rs. 54,800/- to the petrol pump owner on 23.04.2025 for the outstanding amount of diesel and requested to present the said cheque with a delay of one month, but the cheque was dishonored as the petrol pump owner immediately deposited the ceque for getting payment.
He would also submit that the owner of petrol pump is an influential person, he has got a false report against the applicant and the legal notices dated 09.05.2025 and 04.06.2025 of Section 138 of the Negotiable Instrument Act (for short
“the N.I. Act) was sent to the applicant through his counsel repeatedly, therefore, he prays for grant of anticipatory bail to the applicant. 3
4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the applicant has knowingly given the cheque with the intention of committing fraud even though there is no money in his account and the present applicant has one criminal antecedent, therefore, the present applicant is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, and particularly the fact that the applicant requested to present the said cheque with a delay of one month, but the cheque was dishonored as the petrol pump owner immediately deposited the ceque for getting payment. 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 – Rajendra Rajput 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. 4 (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) he shall not involve himself in any offence of similar nature in future. Sd/-
(Ramesh Sinha) CHIEF JUSTICE Amita
AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.06.28 21:18:02 +0530