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2025 DAILYLAW 42754 (CHH)

PRAVIN KUMAR THAKUR v. STATE OF CHHATTISGARH

MCRCA/1377/2025 · 2025-09-08

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Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1377 of 2025 Pravin Kumar Thakur S/o Dharam Singh Thakur, Aged About 53 Years R/o- Ward No. 52, House No.- 32, Simran City, Mathpuraina Raipur, Tehsil And District Raipur (C.G.) ...Applicant versus State Of Chhattisgarh Through P.S.- Bhilai Nagar, District Durg (C.G.). (Wrongly Mentioned As Kotwali In Covering Memo Of Impugned Order). ...Non-applicant For Applicant : Ms. Aditi Singhvi, Advocate. For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer. 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. 449/2025, registered at Police Station – Bhilai Nagar, District – Durg (C.G.) for the offence punishable under Sections under Sections 420 & 34 of IPC. 2. As per the case of the prosecution, the complainant, Surendra Kumar Jain, filed an application under Section 173(3) of the Bharatiya VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.10 11:57:35 +0530 2 Nagarik Suraksha Sanhita, 2023 / Section 156(3) of the Code of Criminal Procedure, 1973 before the learned Judicial Magistrate First Class, Durg, stating that the co-accused Arjun Gupta, a broker engaged in the business of selling and purchasing vehicles, informed him that a JCB 3DX vehicle owned by the applicant was available for sale. The applicant agreed to sell the said vehicle for a consideration of 15,50,000/- on 06.07.2022. Pursuant thereto, the complainant ₹ transferred a sum of 15,00,000/- on 07.07.2022 and 12.07.2022 ₹ through RTGS, and the complainant’s son, Paramjeet Jain, took possession of the vehicle. However, the original documents of the vehicle were not provided by the applicant for a period of three months after the transaction, and only photocopies were handed over on 07.10.2022. It is further the case of the complainant that the applicant subsequently filed a false case against co-accused Arjun Gupta and repossessed the vehicle on Supurdnama from the Trial Court. On the basis of the complainant’s application dated 09.08.2024, the present FIR was registered on 25.08.2025 against the applicant and the co- accused persons. 3. The applicant has been falsely implicated in the present matter, as the amount of 10,00,000/- received from Paramjeet Jain on 12.07.2022 ₹ was transferred to co-accused Arjun Gupta on his instructions, except for 2,50,000/- which was retained as advance agreement money ₹ towards the sale of the JCB. The FIR lodged earlier by the applicant against Arjun Gupta itself records this transaction, and the applicant has already obtained custody of the said vehicle, JCB 3DX bearing No. CG 04 MN 2259, on Supurdnama from the learned Trial Court in Criminal Case No. 1382/2022, in which the complainant was also an 3 objector. Significantly, the present complaint under Section 156(3) Cr.P.C./Section 173(3) BNSS was filed belatedly on 09.08.2024, almost two years after the incident, despite the complainant’s knowledge of these facts. The allegations made are entirely false, fabricated, and intended only to harass the applicant, as the essential ingredients of the alleged offences are not attracted in the facts of the case. Therefore, she prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant has no previous antecedents, therefore, without further consideration on merits, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Pravin Kumar Thakur, 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 4 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