1 2025:CGHC:43688 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1301 of 2025 Siddharth Gowda S/o Basavaraj Gowda Aged About 26 Years R/o Basava Miyalaya K.B.H. Colony Lingasagur, District - Raichur, Karnataka, India ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Sirgitti, District - Bilaspur (C.G.) ... Respondent For Applicant : Shri Pranay Golchha, Advocate. For Respondent/State : Shri Atanu Ghosh, Dy.G.A. For objector : Shri Vikramjeet Singh, Shri Sushil Kumar, Shri Ashutosh Pandey and Shri A.V. Shridhar, Advocates. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28/08/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.29 16:45:49 +0530 2 is apprehending his arrest in connection with Crime No.328/2025 registered at Police Station – Sirgitti, District Bilaspur (C.G) for the offences punishable under Section 420 and Section 406 of Indian Penal Code. 2. Case of the prosecution, in brief, is that a private complaint has been preferred by the complainant alleging that the present applicant has asked the present complainant to invest into the Company for opening of Resorts and Hotel services at Goa for which the applicant has asked to invest amount from the complainant in lieu of which the complainant has invested amount of Rs. 4,80,00,000/- as the present applicant is friend of the son of the complainant for which he has asked to invest for the purpose of business transaction whereas the said amount has been transferred to the applicant in different dates in different occasions via Bank transfer into the account of applicant. However, when the complainant tried to contact with the applicant there was no answer and always tried to ignore the calls. Furthermore, the complainant tried to contact the applicant and convey to return their money, however no answer and heed was paid to the queries of the complainant. Therefore, the present FIR has been registered against the present applicant on allegations of the complainant made in his complaint. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the offence. He would submit that the transaction between the applicant and the complainant is a commercial transaction related to the business of "Dans Hospitality Private Limited" and the applicant and the complainant's son, Navjot 3 Singh Hora, are partners and Directors in the Company, the dispute is civil and commercial in nature, and the complainant has given it a criminal color to harass the applicant. He would submit that the progress of work for the project in Goa has been ongoing, and the applicant has been paying the lease premium and approving plans and documents. He would submit that complainant has a history of filing frivolous complaints against the applicant. He would submit that the police tried to arrest the applicant without serving a notice under Section 41(a) of CrPC, 1973 and the investment amount transferred by the complainant has been invested in the project, and there is no breach of trust as the entire transaction was known to the complainant and his sons. He would submit that as the dispute is civil and commercial in nature, therefore, he 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. Learned counsel for the objector vehemently opposes the prayer for grant of anticipatory bail and he would submit that the case involves serious economic offences, with the accused defrauding the complainant of Rs. 4.8 Crore between 2022 and 2023 and the accused lured the complainant into investing in a hotel and club venture with false promises, but misappropriated the funds for personal gain. He would submit that despite being granted transit bail, the accused failed to cooperate with the investigation agency, despite receiving multiple notices. He would submit that accused has a history of fraud, with five pending cases against him, and has previously been enlarged on bail 4 after returning the money to complainants and in this case, the accused has defrauded the complainant of a large amount and is misusing the liberty granted by the transit court. He would further submit that the investigation is at a crucial stage, and granting bail to the accused may lead to influence or intimidation of witnesses, tampering with evidence, therefore the applicant is not entitled for grant of anticipatory bail. 6. I have heard learned counsel for the parties and perused the materials available on record. 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, materials available on record, considering the nature of allegation levelled against the applicant, further the fact that dispute between the parties appears to be civil and commercial in nature, moreover so far as the criminal antecedents of five cases are concerned, it has been stated that the applicant has been granted bail in all the cases from the competent courts and they all were dispute with respect to commercial transaction and also considering the fact that investigation and trial are likely to take some time, therefore, I am inclined to grant anticipatory bail to the present applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Siddharth Gowda, 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 5 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 gouri