1 2025:CGHC:39586 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1090 of 2025 • Raghunandan Pansari S/o Kedarnath Pansari Aged About 66 Years R/o 103, Mahatma Gandhi Road, Bara Bazar, Saks Avenue, Kolkata (W.B.) (Correct Address Mentioned Here) ... Applicant versus • State Of Chhattisgarh Through Police Station, Pandri, Raipur, C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Khitij Sharma, Advocate For Respondent/State : Dr. Saurabh Kumar Pande, Dy. A.G. For Objector Mr. Abhiyuday Singh, Advocate Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/08/2025 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.108/2023 registered at Police Station - Pandri District- Raipur (C.G.) for the offences punishable under Section 409, 420 of IPC. 2. As per the case of prosecution, a written complaint was made 27.03.2023 by one Anant Dave (one of the Director of Nakoda VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.08 18:22:20 +0530 2 Ispat Ltd.) stating that applicant who is proprietor of M/s R.P. Cherry Enterprises have taken advance of Rs. 25,87,338/- (Twenty-Five Lakh Eighty-Seven Thousand Three Hundred Thirty-Eight) & have only supplied product amounting to Rs. 10,15,885/- (Ten Lakhs Fifteen Thousand Eight Hundred Eighty-Five) and thus have cheated and have caused loss of Rs. 15,71,353/- (Fifteen Lakhs Seventy-One Thousand Three Hundred Fifty-Three Rupees). It has been further alleged by the complainant that applicant along with other co-accused persons who are proprietor of M/s Aashrut Enterprises and M/s CNG Macnotech with ill intention have taken advance and are not willing to supply product. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. It has been argued by learned counsel for the applicant belongs to the State of West Bengal, applicant was arrested and thereafter, he has been granted transit bail till 28.07.2025 and the same has been extended also, and copy of the same is annexed herewith covering memo. Learned counsel also submits that as per the contents of the FIR, it is specifically alleged by the complainant that M/s Aashrut Enterprises and M/s CNG Macnotech took advance and failed to supply the product, however, neither the applicant nor its proprietary firm has taken the advance from the complainant and he has not committed cheating with him. Even otherwise, its a dispute for civil nature and there is no mens reas or ill-intention on the 3 part of the applicant to defraud the complainant. Further, there is also unexplained delay of 03 years in lodging the FIR and the investigation and the trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel as well as learned counsel for the Objector opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, also considering the fact applicant belongs to the State of West Bengal, applicant was arrested and thereafter, he has been granted transit bail till 28.07.2025 and the same has been extended also, and copy of the same is annexed herewith covering memo, and as per the contents of the FIR, it is specifically alleged by the complainant that M/s Aashrut Enterprises and M/s CNG Macnotech took advance and failed to supply the product, which appears to be a dispute for civil nature and there is no mens reas or ill-intention on the part of the applicant to defraud the complainant and, even there is also delay of 03 years in lodging the FIR and the investigation and trial are likely to take time, therefore, I am inclined to grant anticipatory bail to the present applicant. 4 7. 4 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Raghunanda pansari connection with Crime No.108/2023 registered at Police Station - Pandri District- Raipur (C.G.) for the offences punishable under Section 409, 420 of IPC, on executing a personal bond and one local 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 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) The applicant shall not involve himself in any offence of similar nature in future. sd/- (Ramesh Sinha) Chief Justice vaishali