1 2025:CGHC:54916 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1744 of 2025 Rajesh Kumar Gupta S/o Sitaram Gupta Aged About 47 Years R/o House No. 128, Baniyapara, Village Nawanagar, Police Station And Tahsil Darima, District Surguja, Chhattisgarh. ... Applicant Versus State Of Chhattisgarh Through Police Station Gandhinagar, Ambikapur, District Surguja, Chhattisgarh. ... Non-applicant For Applicant : Mr. Anurag Singh, Advocate For Non-applicant : Ms. Smriti Shrivastava, Panel Lawyer For Objector : Mr. Arun Kumar Shukla, Advocate S.B.: Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/11/2025 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. 547/2025 registered at Police Station - Gandhinagar, Ambikapur, District - Surguja (C.G.) for the offence punishable under Sections 316 (4) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). 2. The prosecution case is that, the applicant was working as manager in petrol pump of complainant namely Arunendra Pratap Singh and on 25.06.2025 the complainant cross checked ledger account of pump and he found that applicant has misappropriated amount of Rs. 12,50,000/- which was admitted by applicant. The applicant assured to payback the amount and consequently 2 2 cheques was issued in favor of complainant i.e of Rs.9,00,000/-- and Rs.3,50,000. The complainant presented the cheque for encashment before the bank, but same was dishonored due to insufficient fund. Therefore the F.I.R was lodged against present applicant. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the crime in question. He further submits that after the cheque was dishonored, the complainant had alredy issued notice to the applicant under the provisions of the Negotiable Instruments Act, 1881 and the same has been served to the applicant. He submits that the applicant had requested 06 months for returning the amount to the complainant which was also agreed by him, but for the reasons best known the complainant, he had present the cheque prior to 06 months and thereby, the cheque got dishonored. He submits that the applicant is ready to return back the amount to the complainant and therefore, he prays for grant of anticipatory bail to the applicant on the ground of parity. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that present applicant had admitted the fact before the complainant that he had misappropriated an amount of Rs. 12,50,000/- which was evident from the ledger account of the petrol pump and when the applicant failed to return the money, he gave a false cheque to the complainant which was dishonored. Therefore, he is not entitled for grant of bail. 5. Learned counsel for the objector also opposes the submission of counsel for the applicant and relies upon the submissions made by the counsel for the Respondent/State. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, 3 the fact investigation is going on and charge-sheet has not been filed, the complainant has also issued notice to the applicant under the Negotiable Instruments Act, 1881, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Rajesh Kumar Gupta, 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. (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 Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY