1 2025:CGHC:57812 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1855 of 2025 Neelamber Vibhar Son Of Rupdhar Vibhar Aged About 45 Years Resident Of Kastura Bahal, Police Station Singhoda, District Mahasamund (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Saraipali, District Mahasamund (C.G.). ... Respondent(s) For Applicant(s) : Mr. Jitendra Shukla, Advocate. For Respondent(s) : Smt. Supriya Upasane, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.11.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.78/2025 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Saraipali, District Mahasamund (C.G.) for the offence punishable under Section 318(4) r/w Section 3(5) of BNS. 2. Prosecution case in brief is that Sunil Kumar Behera, Branch Manager of Indian Overseas Bank, Saraypali, lodged a written report alleging that accused persons Shri Krishnadas, Ravishankar Patel, Hazari Prasad Chauhan, Dilip Sharma, Rajkumar Barsagade, Neelambar Vibhaar (the present applicant), and Khirod Kumar Sahu, in collusion with gold appraisers Siyaraman Choudhary and Gangadhar Pusti, fraudulently pledged fake, gold-plated jewellery in the bank. It is further alleged that the fake jewellery was procured from one Naimuddin. On this basis, Crime No. 78/2025 was registered at Police Station Saraypali for the offence under Section 318(4) of the BNS. The investigation reveals that the applicant Neelambar Vibhaar, along with other bank account holders and appraisers, pledged counterfeit gold ornaments between 28.02.2024 and 16.10.2024, thereby cheating the bank of a total amount of Rs.22,86,200/-. The material collected indicates the applicant’s prima facie involvement in the alleged fraudulent scheme, and the investigation is still in progress. 3. Learned counsel for the applicant would submit that even if the prosecution case is accepted in its entirety, the allegation pertains to a loan amount of Rs.2,18,000/- stated to have been taken by the applicant. However, the material on record demonstrates that 3 the applicant had already deposited a sum of Rs.2,36,000/-, including interest, prior to the lodging of the FIR, and the Bank has consequently issued a “No Dues Certificate” in favour of the applicant. This fact is substantiated by the receipt and the No Dues Certificate, which are collectively filed as Annexure A-3, hence he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicant in collusion with other co-accused and gold appraisers, pledged fake and gold-plated jewellery in the Indian Overseas Bank, Saraypali, between 28.02.2024 and 16.10.2024, and thereby fraudulently obtained loan amounts as part of a larger scheme causing a total loss of Rs.22,86,200/- to the bank and the applicant is alleged to be one of the beneficiaries of the said fraudulent transactions, but could not dispute the fact that the applicant had already deposited a sum of Rs.2,36,000/-, including interest, prior to the lodging of the FIR, and the Bank has consequently issued a “No Dues Certificate” in favour of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, and the fact that though the applicant in collusion with other co-accused and gold appraisers, pledged fake 4 and gold-plated jewellery in the Indian Overseas Bank, Saraypali, between 28.02.2024 and 16.10.2024, and thereby fraudulently obtained loan amounts as part of a larger scheme causing a total loss of Rs.22,86,200/- to the bank and the applicant is alleged to be one of the beneficiaries of the said fraudulent transactions, but considering the fact that the applicant had already deposited a sum of Rs.2,36,000/-, including interest, prior to the lodging of the FIR, and the Bank has consequently issued a “No Dues Certificate” in favour of the applicant, the said fact is substantiated by the receipt and the No Dues Certificate, which are collectively filed as Annexure A-3, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Neelamber Vibhar, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, 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. 5 (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) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil