1 2025:CGHC:48330 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1455 of 2025 Shahbaaz Ali S/o Mukhtar Ali, Aged About 34 Years House No. 446/81, Aryasamaj Koneshwar Chauraha, Thakurganj, Police Station Thakurganj, Tahsil and District Lucknow, Uttar Pradesh. ... Applicant versus State of Chhattisgarh Through SHO Police Station Purur, District Balod (C.G.) ... Non-Applicant For Applicant : Mr. Mirza Kaisher Beg and Mr. Rajkamal Singh (through video-conferencing), Advocate For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.09.2025 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. 0069/2025 registered at Police Station – Purur, District - Balod (C.G.) for the offence punishable under Sections 3(5) and 318(4) of the Indian Penal Code (In short, IPC). 2. As per the prosecution story, a First Information Report has been PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.09.19 19:58:30 +0530 2 lodged under Crime No.0069/2025 by Police Station - Purur, District: Balod, Chhattisgarh for the offence punishable under Sections 3 (5) and 318 (4) of the Bharatiya Nyaya Samhita, 2023 wherein it is alleged that, this applicant has cheated the complainant by luring him of immense wealth and for performing Tantrik Practices to bind his shop and such other baseless allegations etc. 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 further submitted that the allegations made in the FIR are false and baseless. As per the FIR, it is alleged that the applicant committed fraud to the tune of Rs.17,08,921/- by luring the complainant with promises of immense wealth and offering to perform rituals for binding his shop, etc. However, the true nature of the transaction is entirely different. It is also submitted that the applicant is running a gemstone business under the name and style of “M/s. Shahbaz Ali Mukhtar Ali,” from where the complainant, on various occasions, purchased gemstones worth Rs.16,70,529/-. Against this, he has only paid Rs.13,20,512/-, and as per the applicant’s ledger account, an amount of Rs.3,50,017/- still remains outstanding. Despite repeated demands, the complainant has failed to clear the dues and, instead, has lodged the present false complaint with vague and concocted allegations, purportedly to evade payment. It is thus contended that the dispute is purely of a civil nature arising out of a commercial transaction, which is now being given a criminal colour solely to harass and pressurize the applicant. The applicant has no previous criminal antecedents. 3 Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, the learned State Counsel opposes the bail application. He further submits that the applicant committed fraud to the tune of Rs.17,08,921/- by luring the complainant with promises of immense wealth and offering to perform rituals for binding his shop. Hence, the applicant is not entitled to grant of anticipatory bail. 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 the fact that the applicant is an businessman and dispute between the parties is purely of a civil nature arising out of a commercial transaction, further, the applicant has no previous criminal antecedents, hence, 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 – Shahbaaz Ali on executing a personal bond with 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 inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade his 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 4 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 involved himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti