1 2025:CGHC:35845 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1096 of 2025 1 - Ashutosh Mishra S/o Shri Ganesh Prasad Mishra Aged About 44 Years R/o At Gaurav Path, Opp. Shani Mandir, Balodabazar, District- Balodabazar, C.G. 2 - Khileshwar Jaiswal S/o Shri Bharat Lal Jaiswal Aged About 40 Years R/o At Main Road, Bajrang Chowk, Ward No. 11, Balodabazar, Distt.- Balodabazar, C.G. 3 - Rajendra Kumar Tiwari S/o Shri Gopichand Tiwari Aged About 44 Years R/o At H. No. 35, Ward No. 1, Parshuram Ward, Bhatapara, Distt.- Balodabazar, C.G. 4 - Satyam Shukla S/o Shri Pramod Shukla Aged About 29 Years R/o At- Ward No. 07, Behind Peetal Karkhana, Rajiv Gandhi Ward, Balodabazar, Distt.- Balodabazar, C.G. 5 - Avinash Jaiswal S/o Shri Bimlesh Jaiswal Aged About 38 Years R/o At- Vaishnav Colony, Balodabazar, District- Balodabazar, C.G. ... Applicants versus 1 - State Of Chhattisgarh Through Ps City Kotwali, Distt.- Balodabazar, C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Lukesh Kumar Mishra, Advocate appeared through video conferencing. For Respondent/State : Ms. Ankita Shukla, Panel Lawyer For Objector Mr. Dhiraj Wankhede, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.07.2025 1. This is the Second anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.25 20:19:16 +0530 2 applicant, who is apprehending his arrest in connection with Crime No. 411/2024 registered at Police Station – City Kotwali, District – Balodabazar (C.G.) for the offence punishable under Sections 379, 392, 34 of IPC. 2. The prosecution story, in brief, is that one Akash Sahu lodged a written complaint stating that the petitioners who were the employees of Cholamandalam Finance Company had taken repossession of the finance vehicle. On the said complaint, when the FIR was not registered by the concerned p/s, the complainant moved an application u/s 156(3) CrPC and the trial court directed for registration of offence. From a perusal of the averment of the FIR, it is also apparent that the said complainant defaulted in payment of loan due to which the vehicle was repossessed by the company. Adhering to such order of the court, FIR bearing crime no. 411/24, u/s 379, 34 of IPC was registered. Thereafter, the applicants moved an application for anticipatory bail (A/2) before this Hon'ble Court which was allowed vide order dated 24.07.2024. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and have been falsely implicated in this case. It is submitted that the applicants are the Officer of the Cholamandalam Investment and Finance Company Limited and they have financed the two truck to the complainant and he was the defaulter then, truck was seized by the Cholamandalam Finance Company. He also submits that the first bail application bearing MCRCA No.818 of 2024 preferred by the applicants was allowed by this Court vide order dated 24.07.2024. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel and learned counsel for the 3 Objector opposes the bail application. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, and from the perusal of the case diary it transpires, there appears to be some dispute between the Cholamandalam Finance Company’s Officer and complainant, with respect to payment of installment of the vehicle financed by the applicant’s company to complainant, this Court is of the view that the applicants are entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Ashutosh Mishra, Khileshwar Jaiswal, Rajendra Kumar Tiwari, Satyam Shukla and Avinash Jaiwal 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) The Applicant 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) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant 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 4 photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali