1 2025:CGHC:34910 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1072 of 2025 1 - Chunendra Sahu S/o Santosh Sahu Aged About 20 Years R/o Village Mudpar, P.S. Nawagarh, District - Janjgir- Champa Chhattisgarh 2 - Smt. Geeta Sahu W/o Mukesh Kumar Sahu Aged About 28 Years R/o Village Salkhand, P.S. And Tahsil Basna, District - Mahasamund Chhattisgarh 3 - Mukesh Kumar Sahu S/o Rishi Kumar Sahu Aged About 32 Years R/o Village Salkhand, P.S. And Tahsil Basna, District - Mahasamund Chhattisgarh ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station Civil Line Bilaspur, District - Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Chandra Prakash Lahrey, Advocate. For Non-applicant/State : Ms. Anikita Shukla, Panel Lawyer. For Complainant : Mr. Wasim Miyan, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.07.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 have been filed by the applicants, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.24 14:15:58 +0530 2 they are apprehending their arrest in connection with Crime No. 664/2025 registered at Police Station – Civil Line Bilaspur, District - Bilaspur (C.G.) for the offences punishable under Sections 318(4) & 3(5) the BNS, 2023. 2. According to the prosecution, is in a nutshell that the complainant has made written complaint to the concerned police station is that the several investors have been deposited total amount of Rs. 22,15,000/- on promise to receive double amount of invested money by the accused persons, but the same has been provided to the investors. Based upon the such complaint, the police has registered the case under section 318 (4), 3(5) of B.N.S. against the accused person and during investigation, the police has arrested the present applicants on the memorandum of the statement. 3. The applicants submit that they are innocent and have been falsely implicated in the present case. They categorically deny having committed any of the alleged offences, including cheating or fraud, as stated by the prosecution. It is asserted that they neither received any money from investors nor derived any benefit from the alleged transactions. The prosecution’s allegations are baseless and imaginary, and the applicants have been implicated without any substantive evidence. The FIR in this case has been lodged with considerable delay while the alleged incident occurred between 20.11.2024 and 05.03.2025, the FIR was registered only on 12.06.2025 raising serious doubts about the credibility of the complaint. It is further submitted that the entire case is based merely on suspicion, without any nexus between the applicants and the 3 alleged crime. The prosecution story is concocted and not supported by any proof. The investigation conducted by the police is alleged to be incomplete and improper. The offence registered is triable by the Judicial Magistrate First Class, and on a prima facie evaluation of the materials available on record, no case is made out against the applicants. The applicants are respectable members of society, and their arrest in a false case would cause irreparable harm to their reputation and social standing. therefore, they prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel as well as learned counsel for the objector opposed the anticipatory bail application of the applicants. 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 applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Chunendra Sahu, Smt. Geeta Sahu & Mukesh Kumar Sahu, 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) They shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to 4 dissuade them from disclosing such fact to the Court. (b) They shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) They shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) the applicants 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) they shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav