1 2025:CGHC:2814 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 90 of 2025 Sumit Vishwas S/o Shri Pappu Pal Aged About 20 Years Occupation - Driver, R/o Koltapara Village - Sakalo, Tahsil - Ambikapur, Distt. - Surguja Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station - Sakari, District – Bilaspur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Sunil Sahu, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.01.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 931/2024 registered at Police Station – Sakari, District – Bilaspur (C.G.) for the offence punishable under Section 316(3) of Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The prosecution story, in brief, is that the complainant Alok Kumar Gupta lodged the report on 10.12.2024 at Police Station Sakari with the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 averment that he is working as Operation Head in the Eagle Hunter Company and on 05.12.2024 he along with Driver going to Ambikapur from Raipur through his Car Brezza bearing registration No. CG-15-ED- 2271, Jasvinder Singh Saluja has given a sum of Rs. 30,00,000/- to deposit as sale amount of liquor shop and complainant handed over the bag to applicant at about 1’O clock mid night the car was stopped for attaining the call of nature and the applicant taken the bag from car and run away so the complainant search him and lodged the report on 10.12.2024 in which the aforementioned offence is registered and Police sought to arrest the applicant. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the applicant is working as a Driver of the complainant and on 05.12.2024 he driven the Car from Raipur to Ambikapur no such incident was taken place on that day but when the applicant refused to drive the vehicle again on next day then the false report is made. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 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 leveled against the applicant, and from the perusal of the case diary it transpires that the applicant is working as a Driver of the complainant and on 05.12.2024 he driven the Car from Raipur to 3 Ambikapur no such incident was taken place on that day but when the applicant refused to drive the vehicle again on next day then the false report is made, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is 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 applicant – Sumit Vishwas on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, 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 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 Rajshekhar