1 2025:CGHC:747 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1507 of 2024 Nirmesh Bhojwani S/o Late Omprakash Bhojwani Aged About 27 Years R/o Bijlipara, Charama, Police Station And Tehsil Charama, District - Kanker, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Charama, Tehsil – Charama, District – 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. 136/2024 registered at Police Station – Charama, Tehsil – Charama, District – Kanker (C.G.) for the offence punishable under Sections 420, 120(B) and 34 of the Indian Penal Code (In short, IPC). 2. The prosecution story, in brief, is that complainant alleged that the accused, Narendra Sinha, deceived him by luring him into fraudulent schemes, the accused allegedly financed three motorcycles in the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 complainant's name, valued at ₹2,65,263/-, from different finance companies, subsequently, the accused took possession of the financed motorcycles and sold them to third parties without the complainant's knowledge or consent, on the basis of this complaint, Police Station Charama 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, according to their statements, the accused conspired to procure vehicles on finance and then handed over these vehicles to their acquaintances, they misled their acquaintances by claiming financial difÏculty and assured them that the vehicle owner would continue paying the loan installments. In exchange, the acquaintances provided a lump sum amount at a reduced price and retained possession of the vehicles. This fraudulent practice caused significant financial losses to both the complainant and the financial institutions involved. After completing the investigation, Police Station Charama filed the charge sheet before the trial court. Hence, this application. 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, 3 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 opposes the bail application and submits that from the perusal of the case diary it transpires that Police Station Charama 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. 4 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 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 Rajshekhar