1 2025:CGHC:31703 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 988 of 2025 Kuldeep Bhatpahari S/o Mannalal Bhatpahari, Aged About 38 Years R/o At Dhamtari Road, Gandhi Chowk, Satnam Gyan Devpuri, P.S. Tikrapara, District Raipur C.G. ...Applicant versus State Of Chhattisgarh Through P.S. Tikrapara, Raipur C.G. ... Non-applicant For Applicant : Mr. Lukesh Kumar Mishra, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.07.2025 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. 456/2025, registered at Police Station Tikrapara, District - Raipur (C.G.) for the offence punishable under Sections 420 of IPC. 2. As per the prosecution story, FIR bearing crime no. 456/25, u/s 420 of IPC was registered against the applicant. The complainant while concealing the actual transaction and receiving of money has given a civil litigation, criminal colour and has alleged that on the pretext of investment in share market, the applicant has duped him of a sum of INR 17 Lakhs, whereas the actual story is that the applicant under and VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.10 12:23:52 +0530 2 as per an agreement dated 08.01.2024 had borrowed a sum of Rs. 9.10 Lakhs which was payable by 07.01.2026 and had also handed over a security cheque mentioned in the agreement. It is imperative to state here that the applicant after borrowing the said sum, had returned almost 3.5 Lakhs through online payments and the complainant while concealing all the above-mentioned facts, had lodged a false FIR just to make recovery of the loan extended by him before its due time. It is imperative to state here that apart from the instant FIR, the complainant has also served a legal notice u/s 138 of the Negotiable Instruments Act and from a perusal of the facts mentioned in the said legal notice, it is abundantly clear that the entire dispute between the parties was about recovery of loan money that too which was payable by 07.01.2026. Hence, this application. 3. The learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He submits that the matter is of civil recovery dispute in pursuance of which the applicant has been implicated falsely at the instance of the complainant. He further submits that the actual story is that the applicant under as per an agreement dated 08.01.2024 had borrowed a sum of Rs. 9.10 lakhs which was payable by 07.01.2026 and had also handed over a security cheque mentioned in the agreement and the complainant now wishes to recover the said loan before due time copy of agreement dated 08.01.2024 with a picture of cheque is marked and annexed herewith as Annexure A/2. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant. 3 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, without expressing any opinion on the 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 – Kuldeep Bhatpahari, 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 Vaibhav