1 2025:CGHC:995 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 5 of 2025 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 Paranjape, Advocate. For Non-applicant/State : Mr. U.K.S. Chandel, Dy. Adv. Genera. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.01.2025 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. 138/2024 registered at Police Station – Charama, District - Kanker (C.G.) for the offences punishable under Sections 420, 120(B) and 34 of the Indian Penal Code (for short IPC). 2. The prosecution's case stems from a written complaint filed by Om Prakash Teta at Police Station Charama. Teta alleged that Narendra Sinha deceived him by luring him into fraudulent ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.08 11:30:57 +0530 2 schemes. Sinha allegedly financed three motorcycles in Teta's name, valued at Rs. 2,57,499/- from different finance companies in collusion with the applicant. Sinha then took possession of the financed motorcycles and sold them to third parties without Teta's knowledge or consent. Based on this complaint, Police Station Charama registered a First Information Report (FIR) under Sections 420 and 34 of the Indian Penal Code (IPC) against Narendra Sinha and the applicant, and commenced the investigation. During the investigation, the police apprehended Narendra Sinha and another accused, Gopendra Their Pal. Memorandum statements were recorded, in which they purportedly confessed to committing the fraud in collaboration with the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submitted that there are 04 criminal antecedents of the applicant, in which in 03 cases he has already been granted anticipatory bail by this Hon’ble Court in MCRCA Nos. 1488 of 2022, 1501 of 2024 and 1507 of 2024 vide orders dated 03.01.2025 and 06.01.2025 (respectively). 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 said FIR which as been unexplained. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel, appearing for the non- applicant/State, opposes the bail application of the applicant and 3 submits that from 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 case diary. 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, in which in 03 cases he has already been granted anticipatory bail by this Hon’ble Court in MCRCA Nos. 1488 of 2022, 1501 of 2024 and 1507 of 2024 vide orders dated 03.01.2025 and 06.01.2025 (respectively), 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. 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 and one surety in the like sum to the satisfaction of the arresting OfÏcer, 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 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 Abhishek