1 2025:CGHC:35850 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1089 of 2025 1 - Manuwar Khan S/o Sarif Khan Aged About 36 Years R/o Village- Jamaipura, Masuri, Aadhyamik Nagar, District- Gajiyabad Utter Pradesh 2 - Nafis Ahmed S/o Usman Aged About 39 Years R/o Mujaffar Nagar, Ramraj Uttar Pradesh 3 - Imran Ali S/o Akhtar Ali Aged About 52 Years R/o- Mujaffar Nagar, Ramraj Uttar Pradesh ... Applicants versus 1 - State Of Chhattisgarh Through Police Station- Baikunthpur District- Koreia (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Akhat Kumar Yadav, Advocate For Respondent/State : Mr. Bharat Gulbani, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 24.07.2025 1. This is the Second anticipatory bail application filed under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of anticipatory bail, apprehending their arrested in connection with Crime No. 13/2025 registered at Police Station – Baikunthpur, District – Korea (C.G.) for the offence punishable under Sections 140(3), 318, 308(5), 61(2-a) of the BNS. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.31 10:56:58 +0530 2 2. First anticipatory bail application of the applicants was rejected by this Court vide order dated 23.04.2025 passed in MCRCA No.557/2025. 3. As per the prosecution story in brief, is that the complainant has made complaint to the concerned Police Station alleging that on 05.01.2025 in the morning two unknown persons came in his house and they have promised to flatten to his field by consideration amount of Rs. 3/per sqft. and thereafter, the complainant have given cash amount of Rs. 1000/- to the accused persons and thereafter on dated 07.01.2025 above two accused persons constructing for flatten to his field by JCB Machine by receiving Rs. 5000/- for diesel and subsequently on 08.01.2025, 04 unknown person came in the field and thereafter out of 06 unknown persons, 02 unknown persons carried the complainant by their motorcycle to the State Bank of India, Baikunthpur and thereafter, the complainant has withdrawn the FD amount of Rs. 15,00,000/- out of which amount, the accused persons have withdrawn the amount of Rs. 7,00,000/- through his cheque No. 252040, on the basis of such complaint, the Police has registered FIR against the applicants. Hence, this application. 4. The learned counsel for the applicants has argued that the applicants are completely innocent and further submitted that the prosecution has failed to prove the case of the prosecution story against the applicants because there is no name of the applicants have been registered in lodging FIR and registered against the unknown persons sons and only on the basis of memorandum statement and merely suspicious the present applicants have falsely been implicated in connection of this crime without 3 sufficient reason. Therefore applicants are entitle for grant of anticipatory bail. 5. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submitted that, it transpires that the complainant has made complaint to the concerned Police Station alleging that on 05.01.2025 in the moming two unknown persons came in his house and they have promised to flatten to his field by consideration amount of Rs.3/per sqft. and thereafter, the complainant have given cash amount of Rs. 1000/- to the accused persons and thereafter on dated 07.01.2025 above two accused persons constructing for flatten to his field by JCB Machine by receiving Rs. 5000/- for diesel and subsequently on 08.01.2025, 04 unknown person came in the field and thereafter out of 06 unknown persons, 02 unknown persons carried the complainant by their motorcycle to the State Bank of India, Baikunthpur and thereafter, the complainant has withdrawn the FD amount of Rs. 15,00,000/- out of which amount, the accused persons have withdrawn the amount of Rs.7,00,000/- through his cheque No. 252040, on the basis of such complaint, the Police has registered FIR against the applicants, on which ground the first anticipatory bail application of the applicants was rejected by this Court in MCRCA No. 557 of 2025 vide order dated 23.04.2025 Thus, the bail application deserves to be rejected. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Considering the facts & circumstances of the case, allegations levelled against the applicant in the FIR, and from the perusal of 4 the records available, it transpires that the complainant has made complaint to the concerned Police Station alleging that on 05.01.2025 in the morning two unknown persons came in his house and they have promised to flatten to his field by consideration amount of Rs. 3/per sqft. and thereafter, the complainant have given cash amount of Rs. 1000/- to the accused persons and thereafter on dated 07.01.2025 above two accused persons constructing for flatten to his field by JCB Machine by receiving Rs. 5000/- for diesel and subsequently on 08.01.2025, 04 unknown person, on which ground the first anticipatory bail application of the applicants was rejected by this Court in MCRCA No. 557 of 2025 vide order dated 23.04.2025 and there is no new ground to grant anticipatory bail to the present applicants. 8. Accordingly, this second anticipatory bail application of applicants – Manuwar Khan, Nafis Ahmad and Imran Ali involved in Crime No. 13/2025 registered at Police Station – Baikunthpur, District – Korea (C.G.) for the offence punishable under Sections 140(3), 318, 308(5), 61(2-a) of the BNS is rejected at this stage. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali