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2025 DAILYLAW 48580 (CHH)

ANCHAL AGRAWAL v. STATE OF CHHATTISGARH

MCRCA/1884/2025 · 2025-12-10

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Judgment text

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1 2025:CGHC:60413 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1884 of 2025 Anchal Agrawal S/o Anil Kumar Agrawal Aged About 30 Years R/o 1/55, Pandit Ravi Shankar Shukla Nagar, Korba, District Korba C.G. ... Applicant(s) versus State Of Chhattisgarh Through The Station House O.cer, Police Station- Civil Line Korba (Wrongly Mentioned As Civil Line, Rampur), District Korba C.G. ... Non-applicant(s) For Applicant : Mr. Goutam Khetrapal, Advocate. For Non-applicant/State : Mr. Neeraj Sharma, Dy. Adv. General. For Objector : Mr. Ashwin Franklin, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.12.2025 1. This 9rst anticipatory bail application under Section 482 of the BNSS has been 9led by the applicant, who is apprehending his arrest in connection with Crime No.668/2025 registered at Police Station Civil Line, Korba District- Korba, (C.G.) for the o<ence punishable under Sections 296, 351(2), 309(4) of Bhartiya Nyaya Sanhita, 2023. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. Prosecution case, in brief, is that on 24.10.2025, the complainant Ayush Kumar Singh loged a report at Police Station, Civil Line, Korba, alleging herein that on 22.10.2025 at about 12.00 PM near Niharika Phase-1 Dashahra Ground, while he was changing battery of his Trailer Vehicle, at that time, the applicant along with his friend Deepak Sharma came there and by giving serious threats to the complainant, demanded Rs. 1500/- and the complainant being scared from the threats, given the amount of Rs. 1500/- to the applicant. On the basis of above report, the o<ences under Section 296, 351(2) 309(4) of B.N.S. have been registered against the applicant and co-accused Deepak Sharma. 3. Learned counsel for the applicant submits that the applicant and the complainant are well acquainted and both are engaged in the transport business. On 18.10.2025, the complainant had borrowed Rs. 3,000/- from the applicant, out of which Rs. 1,500/- was returned on the date of incident when they met near Niharika Dussehra Ground and exchanged Diwali greetings. On 22.10.2025, the complainant along with common transporter friends again met the applicant near his house, exchanged festival wishes and discussed business, after which all returned peacefully. Surprisingly, on 24.10.2025, the applicant learnt through newspaper that a false complaint had been lodged against him. It is further submitted that earlier also, on 14.09.2025, a false report was lodged by Sahil Khan, a friend of the complainant, in which Crime No. 571/2025 was registered, but this Court granted anticipatory bail to the applicant on 16.10.2025 considering the documentary evidence 3 produced. It is stated that on 15.07.2025, the applicant was also assaulted by unknown persons but the police registered only minor bailable o<ences. The applicant is a reputed Class-I businessman owning a tractor and truck, regularly 9ling Income Tax Returns for more than three years, and therefore, the allegation of loot of merely Rs. 1,500/- is inherently improbable. The place of alleged incident is a crowded public square near Niharika, where police personnel are regularly present, making the allegation further doubtful. A detailed complaint along with CCTV footage was also submitted by the applicant’s mother before the Superintendent of Police on 27.10.2025, but no action was taken. It is also submitted that the complainant himself is involved in antisocial activities and o<ences under the Cigarette and Other Tobacco Products Act, 2003 in Crime No. 45/2024. Earlier, the applicant had also 9led a petition under Section 528 B.N.S.S., registered as Cr.M.P. No. 3492/2025, which was dismissed on 18.11.2025. He further submits that the applicant has few criminal antecedents which has been clearly explained in the bail application of para No.4. Accordingly, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel as well as objector opposes the prayer for grant of anticipatory bail and submits that from perusal of the case diary, it appears that the complainant has clearly stated that the applicant and co-accused Deepak Sharma threatened him and forcibly obtained Rs. 1,500/-. The act amounts to intimidation and extortion, and the FIR discloses a prima facie case. It is further submitted that the applicant is a habitual o<ender 4 against whom 8 previous reports have also been lodged, and granting relief at this stage may adversely a<ect the investigation and embolden the applicant to inEuence or intimidate the complainant. Hence, the application deserves 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, the nature of dispute and the material available in the case diary, this Court is of the opinion that the present matter arises out of a monetary dispute between parties known to each other and the allegations of loot of Rs. 1,500/-, in the given background, appear to be doubtful at this stage and further the applicant has placed on record materials to show prior monetary transactions, previous false reports allegedly made against him and CCTV footage submitted before the Superintendent of Police moreover, the applicant is a reputed businessman therefore, without further consideration on merits, 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- Anchal Agrawal, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting O.cer, he shall be released on anticipatory 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. 5 (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 along with a coloured postcard full size photo having printed the adhaar number on it, which shall be veri9ed by the trial Court. (e) He shall not involve himself in any o<ence of similar nature in future. Sd/- Sd/- (Ramesh Sinha) Chief Justice Kunal