1 2025:CGHC:41256 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1239 of 2025 Sandeep Sarkar S/o Pankaj Sarkar Aged About 35 Years R/o H.No.422, Vivekanand Colony, Santoshipara, Camp No.2, Ward No.24, Bhilai-1, District- Durg (C.G.) (Age Not Mentioned In The Impugned Order) ... Applicant versus State Of Chhattisgarh Through P.S. Telibandha, District- Raipur (C.G.) ... Respondent For Applicant : Ms. Aditi Singhvi, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14/08/2025 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.461/2025 registered at Police Station – Telibandha, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.18 14:43:37 +0530 2 District-Raipur (C.G) for the offences punishable under Sections 406, 418, 420 of Indian Penal Code, 1860. 2. Case of the prosecution, in brief, is that the complainant has filed an application under Section 156(3) before the concerned court and thereafter the FIR has been registered. On 12.03.2024 a written complaint was given by complainant before the concerned Police Station alleging that the complainant has obtained a loan to the tune of Rs.7,96,000/- for a car purchased by him and pursuant to the same a sum of Rs.15,600 has to paid as a monthly premium for a period of 60 months. Since the complainant is in need to certain amount on account of his personal need he entered into an agreement dated 4.10.2023 with the applicant for selling of the vehicle and with an assurance that the remaining premium amount will be paid by the applicant. Total 54 installments were remaining. Till 09.11.2023 the applicant has paid the installment amount. But thereafter the applicant has not paid any installment amount. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely in the instant matter. She would submit that the instant matter is purely of civil nature as there is an agreement between the parties dated 04.10.2023 wherein it has been clearly laid down that if the applicant is unable to pay back the loan amount the car shall be returned to the complainant. She would further submit that there is no criminal 3 antecedents against the applicant, therefore, she submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, materials available on record, considering the fact that dispute appears to be purely of civil nature, without further commenting anything on merits, this Court finds it appropriate to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant –Sandeep Sarkar, on executing a personal bond and 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. 4 (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 gouri