1 2025:CGHC:50651 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1558 of 2025 1 - Manju Pansari W/o Raghunandan Pansari Aged About 60 Years R/o 103, Mahatma Gandhi Road, Bara Bazar, Circle Avenue, Kolkata (West Bengal) ... Applicant Versus 1 - State Of Chhattisgarh Through Police Station, Pandri, Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate For Non-applicant : Dr. Saurabh Pande, Dy. Advocate General For Objector : Mr. Abhyuday Singh, Advocate SB : Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.10.2025 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. 108/2023 registered at Police Station – Pandri, District – Raipur (C.G.) for the offence punishable under Sections 409, 420 & 120B of Indian Penal Code, 1860. 2. Case of prosecution in brief is that a written complaint was made on 27.03.2023 by one Anant Dave (one of the Director of Nakoda Ispat Ltd.) stating that applicant who is proprietor of M/s R.P. Cherry Enterprises have taken advance of Rs. 25,87,338/- SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 (Twenty-Five Lakh Eighty-Seven Thousand Three Hundred Thirty- Eight) and have only supplied product amounting to Rs. 10,15,885/- (Ten Lakhs Fifteen Thousand Eight Hundred Eighty- Five) and thus have cheated and have caused loss of Rs. 15,71,353/- (Fifteen Lakhs Seventy-One Thousand Three Hundred Fifty-Three Rupees). It has been further alleged by the complainant that applicant along with other co-accused persons who are proprietor of M/s Aashrut Enterprises and M/s CNG Macnotech with ill intention have taken advance and are not willing to supply product. Hence, the bail application. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the crime in question. As per the F.I.R. itself, it has been specifically alleged that M/s Aashrut Enterprises and M/s CNG Macnotech took the advance and failed to supply the product/material, which clearly indicates that the dispute between the complainant and the accused is purely civil in nature and has been given a colour of criminality. Even if the allegations made in the complaint are taken at their face value, the dispute is purely contractual, without any criminal mens rea or dishonest intention on the part of the applicant to defraud the complainant, and at most, it amounts to a breach of contract. One of the co-accused has already been granted the benefit of anticipatory bail by this Hon'ble Court in MCRCA No. 1536/2025 vide order dated 08.10.2025. Furthermore, there is an unexplained delay of almost three years 3 in lodging the F.I.R., which appears to have been filed only after the complainant exhausted the limitation prescribed for civil remedy. The applicant undertakes not to misuse her liberty in any manner, shall fully cooperate with the investigation, and is ready to abide by any conditions imposed by this Hon'ble Court, therefore, he prays for grant of anticipatory bail to the applicant on the ground of parity. 4. On the other hand, learned State Counsel as well as learned counsel for the objector opposed the anticipatory bail application of the present applicant. 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 advanced by learned counsel for the parties, the nature of the dispute, and the material available in the case diary, and further taking note of the fact that co-accused Shruti Pansari has already been granted anticipatory bail by this Court vide order dated 08.10.2025 passed in M.Cr.C.A. No. 1536 of 2025, without expressing any opinion on the merits of the case, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Manju Pansari, on executing a personal bond with one surety in the like sum to the 4 satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) She 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) She shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) She 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) She shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Dey