1 2025:CGHC:54910 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1750 of 2025 Binod Kumar S/o Shri Rampati Singh Aged About 59 Years R/o B-2/f-4/b, Moon City, Dimna Road, P.O. Mango, Jamshedpur, East Singhbhum, Jharkhand - 831012 (Applicant Name Is Correctly Mentioned) --- Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station - Supela, Police Outpost - Smriti Nagar, Distt. - Durg Chhattisgarh --- Non-applicant For Applicant : Mr. Sunil Sahu, Advocate For Non-applicant : Mr. Bharat Gulbani, Panel Lawyer 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. 530/2023 registered at Police Outpost – Supela, Police Station - Supela, District - Durg (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 120 – B, 201 of the Indian Penal Code, 1860. 2. The prosecution case is that complainant Jaswinder Singh Digwa lodged a written report at Police Outpost - Smriti Nagar, with an averment that one of the Director of Sungevity Enterprises Private Limited, namely Premjeet Sharma gave assurance of profit in the work of Solar Street Light at Nepal 2 and they have entered into Joint Venture Agreement and taken a sum of Rs. 1.5 crore in the year 2017, but there was no profit as promised and therefore, on the basis of the said report, police registered the FIR bearing Crime No. 530/2023 for the offence punishable under section 420 of IPC, 1860 against Premjeet Sharma and during investigation, offences under Section 467, 468, 471, 120-B, 201 of IPC were also added. 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, there was a joint venture agreement between the parties and therefore, the nature of dispute is civil nature as there is also an arbitration clause in the agreement, however, the present FIR has been registered on the basis of false allegations. He submits that the date of incident was of October, 2017 but there is a huge delay in registration of FIR as the FIR was registered on 02.07.2023. He submits that against the bail rejection order, the identically situated co-accused, namely, Smt. Aishwarya Premjeet Sharma preferred an anticipatory bail application bearing M.Cr.C.A. No. 886 of 2025 before this Court, in which the the co-accused person has been granted the benefit of anticipatory bail. Hence, 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 is the main accused who, along with co-accused who had committed forgery the complainant and his company over false promises of profit in the business of solar. Therefore, he is not entitled for grant of bail. 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, the fact that co-accused, namely, Smt. Aishwarya Premjeet Sharma 3 preferred an anticipatory bail application bearing M.Cr.C.A. No. 886 of 2025 before this Court, in which the the co-accused person has been granted the benefit of anticipatory bail vide order dated 20.06.2025, 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 – Binod Kumar, 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/--d/- (Ramesh Sinha) Chief Justice Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY