1 2025:CGHC:52578 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1636 of 2025 Anil Chawla S/o Sevakram Chawla Aged About 38 Years R/o Palash Vihar, Mahavir Nagar Raipur (C.G.) ...Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Devendra Nagar, District Raipur (C.G.) ...Non-applicant For Applicant : Mr. Sejal Makkad, Advocate. For Non-Applicant/State : Mr. Jitendra Shirvastava, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.10.2025 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. 78/2025 registered at Police Station – Devendra Nagar, Raipur District – Raipur (C.G.) for the offences punishable under Sections 120-B & 420 of IPC 1860. 2. The prosecution, in brief, is that the complainant Ms. Pooja Jha, Branch Manager of ESAF Small Finance Bank Limited, Devendra Nagar Branch, Raipur, has lodged a written complaint alleging that the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.29 13:05:07 +0530 2 applicant Anil Kumar Hotwani, resident of F-7, Block-7, Chanakya Complex, Sector-3, Devendra Nagar, Raipur, committed fraud by pledging fake gold ornaments to avail gold loans from the bank. It is stated that the applicant opened a savings account in the bank on 18.04.2024 and obtained four gold loans on 18.04.2024 and 25.04.2024 by pledging a total of 10 gold bangles weighing 208.80 grams, and received a cumulative loan amount of Rs.10,05,738/-. During an internal audit of the branch, the pledged ornaments were be counterfeit. Independent verification from other jewellers also confirmed the ornaments to be fake. It has further been alleged that the applicant may have committed similar frauds in other banks as well. The bank has suffered a financial loss of over 10 lakhs due to the alleged fraudulent act, and hence, a request for legal action was made to the police authority. The complainant has no where mentioned the name of the present applicant in the complaint and no prima facie suspicion has been raised against the applicant. 3. The applicant has been falsely implicated in the present case and has absolutely no connection with the alleged incident. He further submits that the co-accused persons, namely Gaurav Verma, Vicky Wadhwani, and Anil Hotwani, have already been granted bail by the Hon’ble High Court of Chhattisgarh vide orders dated 16.07.2025 (MCRC No. 3875/2025), 20.08.2025 (MCRC No. 6556/2025), and 29.08.2025 (MCRC No. 6831/2025) respectively, and on the principle of parity, the applicant also deserves similar protection. The investigation in this case is primarily documentary in nature, and the charge-sheet has already been filed; hence, custodial interrogation of the applicant is neither warranted nor necessary. The name of the applicant does not 3 find place in the FIR lodged by the Branch Manager of ESAF Small Finance Bank, and no specific role or allegation has been assigned to him in any of the complaint documents. His alleged involvement is based solely on the memorandum statement of co-accused Anil Kumar Hotwani, which, as per settled law, cannot be treated as substantive evidence against another accused. There is no document, bank record, witness statement, or material showing the applicant’s involvement in pledging loans, ornaments, or any misrepresentation before the bank. The entire case being documentary, resting on banking records and appraisal reports, no custodial interrogation is required. The alleged fraud appears to have occurred due to gross negligence and lapses on the part of bank officials who failed to ensure proper valuation of pledged gold ornaments as per RBI guidelines, and the FIR itself is based merely on internal audit findings and verbal confirmations from jewellers, without any forensic or government valuer’s report, making the allegations weak and uncorroborated. No recovery has been made or is pending from the applicant, nor is there any evidence such as call records or financial trails linking him to the alleged transactions. In the absence of any prima facie material and considering the grant of bail to similarly placed co-accused, the applicant, being a permanent resident of District Raipur (Chhattisgarh), undertakes to cooperate with the investigation and abide by any conditions imposed by this Hon’ble Court, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, the learned State Counsel opposes the bail application of the applicant and submits that the charge-sheet has already been filed before the competent Court showing the applicant 4 as an absconder on 10.06.2025, therefore, he is not entitled to the benefit of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, it is noted that the co- accused persons, namely Gaurav Verma, Vicky Wadhwani, and Anil Hotwani, have already been granted bail by this Court vide orders dated 16.07.2025 (MCRC No. 3875/2025), 20.08.2025 (MCRC No. 6556/2025), and 29.08.2025 (MCRC No. 6831/2025), respectively, without commenting further on the merits of the case, I am inclined 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 – Anil Chawla, on executing a personal bond and one local 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 her 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 her by the said Court till 5 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 Vaibhav