1 2025:CGHC:48591 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6265 of 2025 Anshul Mahavar S/o Late Shri Omprakash Mahavar Aged About 32 Years Permanent Resident Of Ward No. 04, Phoolanj, Ajmer, Rajasthan. ... Applicant versus State Of Chhattisgarh Through- Thana Incharge Khursipar Police Station, District- Durg, Chhattisgarh. ... Respondent For Applicant : Shri Atul Deshmukh, Advocate. For Respondent/State : Shri Sakib Ahmed, PL. For objector : Ms. Aditi Singhvi, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/09/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.130/2024 registered at Police Station Khursipar, Bhilai, District: DURG C.G. for the offence punishable under Sections 420, 409, 34 IPC. 2. Case of the prosecution, is that the complainant Neeraj Kumar S/o Shri GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.23 15:18:28 +0530 2 Shubhash Chandra Agarwal a resident of Milan Chowk New Khursipar, the proprietor of Kuber Ispat, submitted a written application regarding fraud ofRs.63,74,640/- by Anshul Sharma and four of his acquaintances, in the normal course of business, allegedly by fraudulently obtaining steel related product wire rod, and stopping the transaction and keeping the sale goods in their possession. The complainant further alleged that, he is the proprietor of Kuber Steel. He sells iron-related wire rods and other material products. The accused Anshul Sharma, Rishiraj Sharma, Omprakash Mahawar(deceased father of Applicant), Devi Lal Sharma, Anshul Mahawar(Applicant) operate the business of buying and selling steel related products in the name of Nridev Wire World Private Limited in Bhilwara Rajasthan and the accused Anshul Sharma, Rishiraj Sharma and Omprakash Mahawar are the directors and operators of the above firm. Further alleging that the accused Devi Lal Sharma and Anshul Mahawar are their partners in the company who did the transaction by giving assurance and mediation. In which the accused assured and asked to send the goods from Khursipar (C.G.) to Bhilwara (Rajasthan). Then, the Complainant kept sending the said iron wire rod through his firm (Kuber Steel) from 12.05.2023 to 02.05.2024. The Complainant sent wire rod (5.5 MM) approximately weighing 126.5 MT to the Company of the accused i.e. Nridev Wire World Private Limited in Bhilwara Rajasthan. The total value/price was Rs. 53,76331/-. And as per the terms of the deal, the accused persons have fraudulently accrued and withheld the outstanding amount of Rs 63,74640/- along with late fee (bank interest) on the pending payment, and have committed fraud of Rs 63,74,640/- by stopping the transaction and keeping the sale goods 3 in their possession. Therefore, requested appropriate legal action. 3. Learned counsel for the applicant submits that on 21/06/2024, FIR No. 130/2024 was registered at Thana Khursipar, Bhilai, District DURG (C.G.), on complaint of the Complainant Neeraj Kumar, alleging cheating and fraud concerned with default of payments during regular course of business between the businesses Nridev Wire World Private Limited and Kuber Ispat of the Complainant. He would submit that as per the applicant's version of the story, their case is not of a Criminal nature, but of a Civil one. He would submit that the applicant is merely a freelancer, working independently, and not exclusively for Nridev Wire World Pvt. Ltd., and was never directly involved in any business transactions with the complainant and the applicant has been falsely implicated in this case despite having no role in the alleged offences, which do not exist. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 16/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. 5. Learned counsel for the objector opposes the prayer for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, considering the fact that dispute appears to be civil in nature, period of detention of the 4 applicant since 16/06/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the bail application is allowed and it is directed that the Applicant- Anshul Mahavar, involved in Crime No.130/2024 registered at Police Station Khursipar, Bhilai, District: DURG C.G. for the offence punishable under Sections 420, 409, 34 IPC., be released on bail on his furnishing a personal bond with two local sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 5 (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri