1 / 4 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1372 of 2025 Deepak Kumar Sharma S/o Lt. Murarilal Sharma Aged About 43 Years R/o M.I.G. 18 Housing Board Colony Bhatapara, Police Station Bhatapara (Rural), District : Balodabazar-Bhathapara, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Saraipali, District : Mahasamund, Chhattisgarh ... Non-applicant For Applicant : Mr. Manoj Parajpe, Sr. Advocate along with Mr. Arpan Verma, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 09.09.2025 1. This is the second anticipatory bail application filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail by the applicant apprehending his arrest in connection with Crime No. 81/2025, registered at Police Station – Saraipali, District – Mahasamund (C.G.) for the alleged commission of offence punishable under Sections 316(3), 336(3), 338, 3(5) of BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.10 11:57:36 +0530 2 / 4 2. The earlier anticipatory bail application of the applicant was dismissed as withdrawn, with liberty to file afresh, by this Court vide order dated 14.08.2025 in MCRCA No. 1234 of 2025. 3. As per the case of the prosecution the F.I.R was lodged on 25.03.2025 by Pawan Kumar Agarwal against unknown persons, specifically implicating the driver of vehicle bearing registration No. CG 11 BP 8490 (Tata 1512) and the users of mobile numbers 8435425863 and 9343154958, in relation to an incident that allegedly took complainant received a call from Bharadwaj Transport, Raipur regarding transportation of Rice Bran/Rice Dust (कोढ़हा) from his godown situated at Saraipali, District Mahasamund, Chhattisgarh. The said consignment, weighing approximately 19 tons and 270 kilograms, and valued at Rs. 5,54,400/-, was scheduled to be delivered to and a consignee in Rajnandgaon, Chhattisgarh. accordingly, was loaded on 05.03.2025. It has been further alleged that the phone of the driver was reachable till 06.03.2025 1:30 PM and after that there was no communication with the driver or concerned transporter. The complainant made several attempts to contact but both the driver and transporter were unreachable. The information was given by the complainant to the police vide dated 20.03.2025 and the F.I.R was lodged. 4. The applicant is innocent and has been falsely implicated at a belated stage, i.e., two months after lodging of the FIR, which casts serious doubt on the prosecution version. The allegation that the applicant retained a commission is baseless, as the entire amount was paid to co-accused Onkarnath Singh through various transactions and 3 / 4 adjustments against previous bills of Raipur Solvents, and in fact, Raipur Solvents paid 4,00,000/- directly to the complainant’s firm, ₹ thereby compensating any alleged loss. The applicant acted only on the instructions of co-accused persons, his role has come to an end, and no financial liability persists against him. It is further submitted that the applicant is a permanent resident, has no criminal antecedents, is ready to abide by any conditions imposed by this Hon’ble Court, and his arrest would cause undue hardship to his family as his son is suffering from serious mental and medical issues. Moreover, similarly situated co-accused have already been enlarged on bail by the trial court as well as by this Hon’ble Court. Reliance is also placed on judgments of the Hon’ble Supreme Court and High Courts, including Srikant Upadhyay v. State of Bihar (2024 SCC Online SC 282), holding that anticipatory bail remains maintainable even where proceedings under Sections 82/83 Cr.P.C. (now 84/85 BNSS) have been initiated. Therefore, he prays for grant of anticipatory bail to the present applicant. 5. On the other hand, learned State counsel appearing for the Non- applicant would oppose the grant of anticipatory bail to the applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the submissions of learned counsel for the parties, the nature of the dispute, and the material available in the case diary, it is noted that the applicant has been implicated in the present case only on the basis of the memorandum statement of a co-accused, and that the applicant has 4 / 4 already refunded the money. Further, another co-accused has been granted regular bail in MCRC No. 4913 of 2025 vide order dated 25.06.2025. Therefore, without expressing any opinion on the merits of the case, this Court is 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 – Deepak Kumar Sharma, 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) he 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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) he shall not involve himself in any offence of similar nature in future. Sd/- Sd/- (Ramesh Sinha) Chief Justice vaibhav