1 2025:CGHC:2805 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 78 of 2025 Mahendra Kumar Pal S/o R.L. Pal Aged About 55 Years R/o House No. 60/1, Near Durga Maidan , Risali, Bhilai, Tehsil And District Durg ( C.G. ) ... Applicant versus State of Chhattisgarh Through P.S. Newai District Durg (C.G.) ... Non-applicant For Applicant : Ms. Aditi Singhvi, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate. For Objector : Mr. S.K. Singh, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 16.01.2025 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 385/2024, registered at Police Station – Newai, District – Durg (C.G.) for the alleged commission of offence punishable under Sections 296, 3(5), 318(4), 351(3) of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution's case, the complainant filed a complaint at the Newai Police Station in Durg, stating that the applicant and co-accused Santosh Karan obtained Rs. 12,00,000/- ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.17 11:12:14 +0530 2 from the complainant in 2019. They allegedly promised that her son and brother would be employed as ground staff at Delhi Airport. The complainant further alleged that the applicant and co-accused took her son and brother to Delhi for training and subsequently provided them with fake offer letters and appointment letters. Based on this complaint, an FIR was lodged against the applicant and the co- accused. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. She submits that the applicant operates a juice shop in Bhilai and never assured the complainant of jobs for her son and brother. She submits that It's worth noting that the complainant had previously filed a case against co-accused Santosh Karan under Section 138 of the Negotiable Instruments Act, 1881, on November 20, 2020. The complainant alleged that she had loaned Santosh Karan Rs. 12,00,000/- for which he issued three dishonored cheques. The case, registered as RCC/6045/2020, was dismissed due to non- prosecution on June 21, 2022. Furthermore, the complainant filed a revision against the dismissal order before the 4th Additional Sessions Judge, which was also dismissed on December 26, 2022, as not maintainable. She further submits that significantly, there's a substantial delay of over five years in filing the complaint, as the alleged incident occurred in 2019, and the complainant only approached the police on December 30, 2024. Therefore, she prays for grant of anticipatory bail to the applicant. 3 4. On the other hand, learned State counsel as well as learned counsel for the objector oppose the submission made by the learned counsel for the applicant and submit that the applicant on the pretext of providing jobs to the complainant's son and brother, obtained Rs. 12,00,000 from the complainant but failed to return the amount, therefore, he 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 nature and gravity of the offence and material on record in the case diary, it appears that the applicant on the pretext of providing jobs to the complainant's son and brother, obtained Rs. 12,00,000/- from the complainant but failed to return the amount, therefore, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant – Mahendra Kumar Pal, involved in Crime No. 385/2024, registered at Police Station – Newai, District – Durg (C.G.) for the alleged commission of offence punishable under Sections 296, 3(5), 318(4), 351(3) of the Bhartiya Nyaya Sanhita, 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice Abhishek