1 2025:CGHC:746 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1501 of 2024 Nirmesh Bhojwani S/o Late Omprakash Bhojwani Aged About 27 Years R/o Sakin, Bijalipara, Charama, Thana and Tahsil - Charama, District - North- Bastar, Kanker Chhattisgarh ... Applicant versus State of Chhattisgarh Through OfÏcer In Charge, Police Station - Charama Dist. North Bastar, Kanker Chhattisgarh ... Non-Applicant For Applicant : Mr. Manoj Paranjpe, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.01.2025 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. 134/2024 registered at Police Station – Charama, District – North- Bastar, Kanker (C.G.) for the offence punishable under Sections 420, 120(B) and 34 of the Indian Penal Code (In short, IPC). PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.07 12:26:31 +0530 2 2. The prosecution story, in brief, is that the applicant, Dujram Patel, appeared at Police Station Charama and submitted a written complaint against the accused, Narendra Sinha. The complaint alleged that Narendra Sinha had committed fraud by taking 20,000 in cash to purchase a motorcycle in the applicant's name and fraudulently financing three motorcycles for ₹2,51,561 from different finance companies. It was further alleged that the accused took possession of the motorcycles and subsequently sold them to third parties. Based on the written complaint, Police Station Charama arrested the accused, Narendra Sinha, and registered an FIR against him under Section 420 of the IPC. The investigation was initiated, during which the accused, Narendra Sinha, was taken into custody. In his memorandum statement he stated that he had committed the crime in connivance with present applicant. 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 submitted that there are 4 criminal antecedents of the applicant out of which 2 have been listed today and in one case the applicant has been granted anticipatory bail by this Court vide order dated 03.01.2025 passed in MCRCA No. 1488/2024. Further there is no evidence that the applicant has participated in the alleged acts of cheating to the complainant, and the main allegation levelled against the co-accused, namely, Narendra Sinha and also there is an inordinate delay in lodging the FIR which has been unexplained. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel as well as the learned counsel for the objector oppose the bail application and submits that from the perusal of the case diary it transpires that Police Station Charama 3 registered an FIR against Narendra Sinha and commenced the investigation, during the investigation, the Police apprehended accused Narendra Sinha and another accused, Gopendra Pal, their memorandum statements were recorded, in which they purportedly confessed to committing the fraud in collaboration with the applicant, Nirmesh Bhojwani, and other co-accused. Therefore, the applicant is not entitled for grant of anticipatory bail in this case. 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 from the perusal of the case diary it transpires that there are 4 criminal antecedents of the applicant out of which 2 have been listed today and in one case the applicant has been granted anticipatory bail by this Court vide order dated 03.01.2025 passed in MCRCA No. 1488/2024, further there is no evidence that the applicant has participated in the alleged acts of cheating to the complainant, and the main allegation levelled against the co-accused, namely, Narendra Sinha and also there is an inordinate delay in lodging the FIR which has been unexplained, hence, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Nirmesh Bhojwani on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, 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 4 dissuade him 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 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 involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti