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2025 DAILYLAW 42573 (CHH)

SAMAR PRATAP SINGH v. STATE OF CHHATTISGARH

MCRCA/1365/2025 · 2025-09-08

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Judgment text

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1 2025:CGHC:45984 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1365 of 2025 Samar Pratap Singh S/o Shri Haripal Singh Aged About 40 Years Director Of M/s Roadstar Fleets Pvt. Ltd. R/o 405b, D.N. Tower Main Road Kota Raipur, District Raipur C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Dharsinwa District - Raipur C.G. ... Non-applicant For Applicant : Mr. Arvind Sinha, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.09.2025 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. 176/2025 registered at Police Station – Dharsinwa District - Raipur (C.G.) for the offences punishable under Sections 407 & 34 of IPC. 2. As per prosecution story in nutshell is that, the present FIR dated 15/04/2025 was registered on the written complaint of Mr. Ravinder VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.10 11:57:35 +0530 2 Singh Bais, Business Manager of M/s Pasa Associates Pvt. Ltd., alleging that M/s Roadstar Fleets Pvt. Ltd. and its Directors, including the present applicant, were entrusted with the transportation of HR coils from Vimla Siding. Malid (Silyari) to the premises of Shri Bajrang Power & Steel Ltd., Village Tendua, Police Station Tilda, District Raipur (C.G.) It is alleged that out of the total consignment transported, six coils bearing batch numbers T434742770, T434742700, T434742720, T434772530, T434772560 and T434770180 were not delivered to the complainant company and were wrongfully withheld by the applicant and his co-directors. That, during the course of investigation, the complainant produced copies of invoices, stock receipts, and correspondence claiming that despite repeated assurances given by the Directors of Roadstar Fleets Pvt. Ltd., the said coils were not returned. It is further alleged that when the complainant attempted to contact the applicant and other directors, their mobile phones were found switched off, and their offices were found locked, leading to suspicion of misappropriation of property. On these allegations, the police registered Crime No. 176/2025 at Police Station Dharsiwa for offences punishable under Sections 407 and 34 of the IPC. 3. The applicant submits that he has been falsely implicated in the present case and has no involvement in the alleged activities. He is the Director of Road Star Fleets Pvt. Ltd., a duly incorporated company engaged in the business of transporting steel coils manufactured by reputed companies such as Tata and Jindal Steel. The transportation in question was carried out by the employees and agents of the company, and all communications, invoices, and work 3 orders were between the complainant company and Road Star Fleets Pvt. Ltd., not the applicant personally. The applicant has also lodged a prior written complaint regarding threats and data theft from his office, and it is pertinent to note that the dispute essentially arises out of business rivalry between Road Star Fleets and APL Apollo Building Pvt. Ltd., which even formed another company, S.G. Green Logistics, to carry out similar activities. In fact, disputes between the parties have already been referred to mediation by the Hon’ble High Court under the MSME Act in WPC Nos. 3470/2024 and 3762/2025. The applicant is a permanent resident of Raipur, ready to abide by any condition imposed by this Hon’ble Court, and therefore prays for grant of bail. 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of learned counsel for the parties, the nature and gravity of the offence, and taking into account the fact that co-accused persons, namely Avinash Chauhan and Puneet Dahiya, have already been granted regular bail by this Court in MCRC Nos. 6377 of 2025 and 6726 of 2025 vide order dated 26.08.2025, without commenting further on the merits of the case, I am inclined 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 – Samar Pratap Singh, on 4 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/- (Ramesh Sinha) CHIEF JUSTICE vaibhav