1 2025:CGHC:30572 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 970 of 2025 Abdul Kayyum S/o Abdul Samad Aged About 47 Years R/o Katkona, Police Station Patna, Tahsil Baikunthpur, District Koriya (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police of Police Station Patna, District Koriya (C.G.) ... Non-applicant For Applicant : Mr. Anil Gulati, Advocate. For Non-applicant/State : Mr. Sangharsh Pandey, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.07.2025 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. 107/2025 registered at Police Station – Patna, District - Koriya (C.G.) for the offences punishable under Sections 420 of the Indian Penal Code (for short IPC). 2. As per prosecution case, as per the brief facts of the prosecution story, the FIR was lodged by Mohd. Idris Khan, who alleged that the applicant received a sum of Rs. 4,90,000/- from him to arrange a ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.05 14:50:14 +0530 2 religious tour, i.e., Umrah and Makkah Sharif, but the applicant did not provide any such religious tour and thus committed fraud. It is further alleged that although the amount was received by the applicant, he kept postponing the travel of the complainant and his family members on one pretext or another, thereby cheating the complainant. On the basis of the complaint lodged by the complainant, the FIR was registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the amount alleged to have been received by the applicant on 21.02.2022 was transferred by the applicant on 22.02.2022, wherein a sum of Rs. 4,00,025/- was transferred to the account of “Arjuman Tour & Travels.” The remaining amount received by the applicant was also transferred to the said account. The account statement of the applicant clearly reveals that the amount received by the applicant was transferred to the account of “Arjuman Tour & Travels.” He submits that the applicant went to Police Station, Patna, to lodge a report against the persons running “Arjuman Tour & Travels,” operated by Rams A. Siddiqui. In the report, the applicant categorically stated that he came into contact with the said person, who assured the applicant that he would arrange individuals wishing to go for Hajj and assured the applicant that he would receive Rs. 2,000/- per person as commission. The applicant paid the entire amount to “Arjuman Tour & Travels,” but despite the payment, the travel arrangements were not made. When the applicant demanded the refund from Rams A. Siddiqui, he was 3 ignored. The police at Police Station Patna did not register the offence, and only an NCR was provided to the applicant. He also submits that the applicant has also filed a complaint case against Rams A. Siddiqui and Arjuman Bano Sabir Ahmad Siddiqui, who are operating “Arjuman Tour & Travels.” A copy of the complaint case filed by the applicant is being filed herewith and marked as Annexure A-5 for kind perusal. Even if the entire prosecution case is taken at its face value, prima facie, the involvement of the applicant has not been established by the prosecution. The police are not taking any action against the real culprits, and therefore, the applicant has filed a complaint case against the persons operating “Arjuman Tour & Travels.”. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel, appearing for the non- applicant/State, opposes the anticipatory 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, the submissions of the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, it appears that the amount alleged to have been received by the applicant on 21.02.2022 was transferred by the applicant on 22.02.2022, wherein a sum of Rs. 4,00,025/- was transferred to the account of 'Arjuman Tour & Travels', and the remaining amount received by 4 the applicant was also transferred to the said account, therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Abdul Kayyum, 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 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 Abhishek