1 2025:CGHC:33041 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1027 of 2025 • Saurabh Tiwari S/o Satyanarayan Tiwari Aged About 40 Years R/o Ganpati Nagar, Karan Nagar, Changora Bhatha, Raipur, Tehsil And District Raipur (Chhattisgarh) ... Applicant versus • The State Of Chhattisgarh Through Police Station Mohan Nagar, District Durg (Chhattisgarh) .. Respondent (Cause title is taken from Case Information System) For Applicant : Mr. U.N.S.Deo, Advocate For Respondent : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.07.2025 1. This is first bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to the applicant who is apprehending his arrest in connection with Crime No.88/2025 registered at Police Station – Mohan Nagar District-Durg (C.G.) for the offence punishable under Sections 318(4), 3(5) of BNS, 2023. 2. Prosecution case in brief is that the complainant namely Pravin Kumar Jain, allegedly submitted a written report alleging therein that VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.17 11:52:31 +0530 2 on 10/01/2023, one Pushpendra Singh met him and informed that a firm namely Joya Enterprises requires a transporter. When he expressed his interest, Pushpendra Singh arranged a meeting with Rajesh Dua (CEO of Joya Enterprises). Rajesh Dua called him for a meeting at Raipur, where he claimed that his company had secured a tender from Adani Group for transporting and loading 1 lakh tons of coal per day from Bijhari Coal Mines, Raigarh, Chhattisgarh, at a rate of 42 per ton. Rajesh Dua offered to give him work on commission basis, requiring 5% commission of the bill amount, with 1% to be paid in advance and the remaining 4% after the bill clearance. The complainant agreed, and the said Rajesh Dua (CEO of Joya Enterprises) asked him to meet Dharmesh Kotak (General Manager of Joya Enterprises) at SK Care Hospital, Pachpedi Naka, Raipur. It is further alleged that, at the hospital, the complainant had met Dharmesh Kotak, Gurmeet Oberoi and Saurabh Tiwari (the applicant), who demanded half a percent commission to be transferred to the company's account through RTGS. The complainant had transferred ₹ 50,00,000 into account of Joya Enterprises. Later, Pushpendra Singh demanded another 2% commission, threatening to cancel the tender if not paid. The complainant then transferred 23,60,000/- into Bank account of Gurmeet Oberoi (Hospitality Partner). After discovering that Joya Enterprises had not received any work, the complainant contacted Rajesh Dua (CEO of Joya Enterprises), who sent an e-mail stating that his work order had been canceled. The complainant alleges that Rajesh Dua, Gurmeet Oberoi, Dharmesh Kotak, Saurabh Tiwari (the applicant) and Pushpendra Singh had conspired to cheat him and misappropriate 73,60,000/-. Based on the complainant's report, the ₹ Mohan Nagar police registered a case under Sections 318(4) and 3(5) 3 of the B.N.S. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the case. He further submits that the the matter has been compromised between the parties as the applicant refunding Rs.23,60,000/- on May 14, 2025, via Demand Draft. The complainant has acknowledged the refund by issuing a DD receipt dated May 14, 2025, copy of the same is annexed as Annexure A/2, and the complainant has no objection, if the present applicant has been granted bail and co-accused has already been granted bail by this Court in MCRCA No.794 of 2025 vide order dated 27.06.2025, hence he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that though the applicant has no criminal antecedent, but he alongwith other co-accused persons had conspired to cheat the complainant and misappropriate Rs.73,60,000/-, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary and the fact that though the applicant is alleged to have conspired to cheat the complainant and misappropriate Rs.73,60,000/- in collusion with other co-accused persons, but the matter has already been compromised between the parties as the applicant has refunded Rs.23,60,000/- on 14.04.2025 to the complainant via Demand Draft, which was duly acknowledge by the complainant by issuing DD receipt on the same day, copy of 4 which is annexed as Annexure A/2, and the complainant has no objection, if the present applicant has been granted bail and co- accused has been already been granted bail by this Court in MCRCA No. 794 of 2025 vide order dated 27.06.2025, as such, without further commenting anything on merits, this Court find it appropriate 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 Sourabh Tiwari, on executing a personal bond with 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 their adhaar card alongwith a colored 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 vaishali