1 2025:CGHC:36577 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1103 of 2025 1 - Mohd. Mazhar Beg S/o Late Shri Mirza Sarwar Beg Aged About 37 Years R/o Ward No. 7, Sahanipara Gobaranawapara, P.S.- Gobaranawapara, Distt. Raipur (C.G.) 2 - Khorbahara Ram Dhruv S/o Late Shri Lilaram Dhruv Aged About 49 Years R/o Village- Fingeshwari, P.S.- Fingeshwar, Distt.- Gariyaband (C.G.) ... Applicants versus 1 - State Of Chhattisgarh Through Police Station, Fingeshwar, Distt. Gariyaband (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Pragalbh Sharma, Advocate For Respondent/State : Mr. Soumya Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 28.07.2025 1. The applicant has preferred this application under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of Anticipatory Bail, apprehending their arrest in connection with Crime No.181/2025, registered at Police Station – Fingeshwar, VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.31 10:57:01 +0530 2 District – Gariyaband (C.G.) for the alleged commission of offence punishable under Sections 318(4), 61(2), 338, 336(3), 340(2) and 3(5) of BNS, 2023. 2. As per the prosecution story, in brief is that, on 20.06.2025 an FIR wás registered against the applicant's U/s 61(2), 318(4) r/w 3(5) of BNS of 2023, on the basis of a written complaint made by one Smt. Bishakha Bai alleging therein that she is a widow of late Shri Geshnarayan Kanwar who was posted as Teacher in Govt. High Secondary School, Borid, Distt.-, Gariyaband, who died on 08.02.2021. On 08.01.2024 the complainant met with applicants and it was informed to her that for preparing a post death pension case and for withdrawal of Gratuity and other retiral dues she would have to pay a sum Rs. 2,00,000/- for clearance, for which she had issued a blank cheque, but subsequently it was discovered by her that instead of Rs. 2,00,000/-, Rs, 2,80,000/- has been withdrawn from her account, and her post death pension case and other retiral dues were not cleared, even on repeated follow ups. Hence the FIR. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the applicants have neither committed nor participated in any such act. He further submits that no amount has been received by the applicants, applicant No.2 had borrowed some money from the complainant. Therefore, he prays for grant of anticipatory bail to the present applicants. 3 4. On the other hand, learned State counsel opposes the submission made by the learned counsel for the applicants. He further submits that there is no criminal antecedents against the present applicants and the complainant is a widow of Late Geshnarayan Kanwar, who was posted as Teacher in Government High Secondary School, Borid, Gariyaband and complainant met with applicants and they informed her for preparing a post death pension case and for withdrawal of Gratuity and other retiral dues she would have to pay a sum Rs. 2,00,000/- for clearance, for which she had issued a blank cheque, but subsequently it was discovered by her that instead of Rs. 2,00,000/-, Rs, 2,80,000/- has been withdrawn from her account, and her post death pension case and other retiral dues were not cleared, it transpires that the present case is of the nature of fraud and applicants were involved in the said crime. Therefore, he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence and material available on record in the case diary and also considering the fact that there is no previous antecedent against the applicants but the present case is of the nature of fraud, by which the complainants suffered of huge amount, as such, I am not inclined to grant anticipatory bail to the applicants. 7. Accordingly, the anticipatory bail application of the applicants– Mohd. Mazahar Beg and Khorbahar Ram Dhruv filed under 4 Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No.181/2025, registered at Police Station – Fingeshwar, District – Gariyaband (C.G.) for the alleged commission of offence punishable under Sections 318(4), 61(2), 338, 336(3), 340(2) and 3(5) of BNS, 2023, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. 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