1 2025:CGHC:978 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1493 of 2024 Haradhan Mandal S/o Ganesh Mandal Aged About 48 Years R/o Sector-4, Street 23, Quarter No. 11, Bhilai Tahsil And District Durg, Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Police Station Bhilai Bhatti, Distt. Durg Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Vidya Bhushan Soni, Advocate For Respondent(s) : Ms. S.S. Baghel, Deputy G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.01.2025 1. This first anticipatory bail application under Section 482 of the BNSS has been filed by the applicant, who is apprehending his arrest in connection with Crime No.130/2024 registered at Police Station– Bhilai Bhatti, Distt. Durg (C.G.) for the offence punishable under Section 420 of the IPC. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. Prosecution case in brief is that the complainant Sarika Joshi has lodged a written complaint that her relative namely Ganga Prasad Banjare who is the resident of Dongargarh, through him, they met the present applicant who was running an NGO namely New Bright Future Welfare Development Organization and through ROPTS PVT LTD, Noida and the applicant used to take work regarding Rural Health survey project and used to give it to interested persons and when the complainant and her relative Ganga Prasad Banjare went to the house of the Applicant and asked regarding the work, then the applicant told them about the Rural Health Survey Project which he got through ROPTS PVT LTD and have to conduct the survey in the Rural areas of Chhattisgarh in which they have to conduct the survey at least for 40,000 Person Per District and for they will receive Rs 120/- for each survey and the applicant also told that in one district approximately 48 Lakh rupees work has to be done and for working in a District at least Rs.2,00,000/- has to be submitted as a tender fees, and on dated 08/02/2024 applicant came to their house situated at Sector -2 street no 15, Quarter no 2, Bhilai and said that if you want the work then you have to deposit the fees then on advance basis the complainant from her SBI Account 30593266813 paid Rs.15000/- as Advance fee and on 10/02/2024 paid Rs.100000/- in cash in front of relative Ganga Prasad Banjare and father Subchand Joshi and on 13/02/2024 paid Rs 2,85,000/- and in total 4 lakh rupees has been given for the work 3 of district Rajanandgaon and Khairagarh and thereafter they have done the survey for about 2 months and after that she asked for the payment and upon that the applicant has stated that the survey has not been done properly and denied the payment and when she asked her Rs.4,00,000/- back and after that the applicant tried to evade and the applicant has cheated the complainant in the name of providing work and the aforesaid crime has been committed. 3. Learned counsel for the applicant would submit that the applicant is innocent and he has not committed any offence and he has been falsely implicated in the case. He further submits that the complainants of this case and other complainants have themselves gone to Delhi and have executed the Contract for the work which was provided to them to conduct Health survey in every district of Chhattisgarh. The contract was executed between the complainants and the Company called ROPTS PVT LTD and in that contract it was stated in Para 9 regarding the consultancy charges and only to avoid the penalty they have filed/registered the FIR against the applicant. The case is of civil in nature but the complainant has given criminal colour only to harass the applicant. Further, the applicant has only informed regarding the scheme and the complainant themselves came to the house of the applicant for the information of the Work/Tender. The applicant is neither beneficiary nor has anything to do with the case as the Contract was executed between the complainant and the 4 Company and the applicant has no any role in this crime, the applicant only helped the complainant to transfer the tender fees to the company and the applicant has transferred all the amount to the company. Hence, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the applicant and submits that the applicant has fraudulently cheated the complainant and have looted amount of Rs.4,00,000/- by alluring him to provide job. Further, the applicant has four previous criminal antecedents registered against him of similar nature. Hence, the bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, it appears that the applicant has fraudulently cheated the complainant for an amount of Rs.4,00,000/- by alluring him to provide job and further, the fact that the applicant has four previous criminal antecedents registered against him of similar nature hence, this Court is of the opinion that it is not a fit case to grant benefit of anticipatory bail to the applicant. 5 7. 5 7. Accordingly, the anticipatory bail application of the applicant – Haradhan Mandal, filed under Section 482 of the BNSS in connection with Crime No.130/2024 registered at Police Station– Bhilai Bhatti, Distt. Durg (C.G.) for the offence punishable under Section 420 of the IPC, is rejected. Sd/- (Ramesh Sinha) CHIEF JUSTICE Kunal