1 2025:CGHC:49446 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1510 of 2025 1 - Siddharth Gowda S/o Basavaraj Gowda Aged About 26 Years R/o Basava Nilaya, K.B.H. Colony Lingasagar, District- Raichur, Karnataka, India. 2 - Sanjay Gowda S/o Basavaraj Gowda Aged About 26 Years R/o Basava Nilaya, K.B.H. Colony Lingasagur, District - Raichur, Karnataka, India. ... Applicants versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Devendra Nagar, District- Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Pranay Golcha, Advocate For Respondent/State : Ms Monika Thakur, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 26/09/2025 1. The applicants have preferred this application under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of Anticipatory Bail, apprehending their arrest in connection with Crime No.116/2025, registered at Police Station – Devendra Nagar District – Raipur (C.G.) for the alleged commission of offence punishable under Sections 420 read with Section 34 of IPC, 1860. 2. The case of the prosecution is nutshell in that, he Sub Inspector posted at P.S. Devendra Nagar, Raipur, received a written complaint of the complainant through Learned Superintendent of Police, Raipur VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.26 18:02:41 +0530 2 for enquiry, resultantly, he lodged an FIR bearing Crime No. 116/2025 on 20.06.2025 for an offence punishable under Section 420 r/w 34 of the IPC against the present applicant and his brother Sanjay Gowda alleging that they allure the complainant into investing of Rs. 35 Lakhs in the Company of the applicant for purpose of establishing Hotel in Hyderabad, Telangana. It has been alleged that on getting assurance of exorbitant profit, the complainant paid Rs. 35 Lakhs as investment to the applicant, through NEFT, nonetheless, no hotel has beer established. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. It is argued by learned counsel for the applicant that dispute between the parties appears to be civil and commercial in nature, and applicant No.1 has five criminal antecedents and in all five cases, he has been granted bail by the competent Courts and out of which in one case he has been granted anticipatory bail by this Court in MCRCA No.1301 of 2025 vide order dated 28.08.2025 and so far as the applicant No.2 has no criminal antecedent. Therefore, he prays for grant of anticipatory bail to the present applicants. 4. On the other hand, learned State counsel opposes the submission made by the learned counsel for the applicant and submits that applicant No.1 is having five criminal antecedent in similar offence and all are explained by learned counsel for the applicant at paragraph 4 in bail application and applicant No.2 has no criminal antecedents. 5. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, materials available on record, 3 considering the nature of allegation levelled against the applicants, 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 No.1 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 applicants. 6. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Siddharth Gowda and Sanjay Gowda on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) they 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) they shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) they 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 applicants 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) they shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali