1 2025:CGHC:51486 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1596 of 2025 1. Ashutosh Mishra S/o Shri Ganesh Prasad Mishra Aged About 45 Years At - Gaurav Path, Opp. Shani Mandir, Balodabazar, District Balodabazar, Chhattisgarh 2. Khileshwar Jaiswal S/o Shri Bharat Lal Jaiswal Aged About 40 Years At - Main Road, Bajrang Chowk, Ward No. 11, Balodabazar, Distt. Balodabazar Chhattisgarh 3. Rajendra Kumar Tiwari S/o Shri Gopichand Tiwari Aged About 44 Years At H. No. 35, Ward No. 1, Parshuram Ward, Bhatapara, Distt. Balodabazar, Chhattisgarh 4. Satyam Shukla S/o Shri Pramod Shukla Aged About 29 Years At - Ward No. 07, Behind Peetal Karkhana, Rajiv Gandhi Ward, Balodabazar, Distt. Balodabazar Chhattisgarh 5. Avinash Jaiswal S/o Shri Bimlesh Jaiswal Aged About 38 Years At - Vaishnav Colony, Balodabazar, Distt. Balodabazar Chhattisgarh ... Applicants versus State of Chhattisgarh Through P.S. City Kotwali, Dist. Balodabazar Chhattisgarh ... Non-applicant ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.15 19:33:26 +0530 2 For Applicants : Mr. Vinay Nagdev, Advocate. For Non-Applicant/State : Ms. Supriya Upasane, Govt. Advocate. For Objector : Mr. Dhiraj K. Wankhede, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 15.10.2025 1. This is the third anticipatory bail application filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail by the applicants apprehending their arrest in connection with Crime No. 411/24, registered at Police Station – City Kotwali, District – Balodabazar (C.G.) for the alleged commission of offences punishable under Sections 379, 392, 395, 34 of the Indian Penal Code (for short IPC). 2. The earlier two anticipatory bail applications of the applicants were allowed by this Court vide orders dated 24.07.2024 and 24.07.2025 passed in MCRCA No. 818 of 2024 and MCRCA No. 1096 of 2025. 3. As per the prosecution story, one Akash Sahu lodged a written complaint stating that the applicants, who are employees of Cholamandalam Finance Company, had taken repossession of a financed vehicle. On the basis of the said complaint, when the FIR was not registered by the concerned police station, the complainant moved an application under Section 156(3) of the Cr.P.C., and the learned trial Court directed registration of the offence. From a perusal of the averments made in the FIR, it is apparent that the said complainant had defaulted in repayment of the loan, due to which the vehicle was repossessed by the finance company. In compliance with the court’s order, FIR bearing Crime No. 411/2024 was registered for the offences under Sections 379 and 34 of 3 the IPC. Thereafter, the applicants moved an application for anticipatory bail (Annexure A-2) before this Hon’ble Court, which was allowed vide order dated 24.07.2024 in MCRCA No. 818/2024. It is also pertinent to mention here that, on the same set of facts on which the aforesaid offence was registered, the concerned police station subsequently added Section 392 of the IPC. Upon moving this Hon’ble Court again, the applicants were granted anticipatory bail vide order dated 24.07.2025 in MCRCA No. 1096/2025 (Annexure A-3). After passing of the said order, the police have now added Section 395 of the IPC in the same case, due to which the applicants moved the learned Court below for anticipatory bail, which has been rejected by the concerned Court. 4. Learned counsel for the applicants submits that this is the third anticipatory bail application filed on behalf of the present applicants. The first anticipatory bail application was allowed by this Hon’ble Court in MCRCA No. 818 of 2024 vide order dated 24.07.2024 on merits, for the offences punishable under Sections 379 and 34 of the IPC. Subsequently, Section 392 of the IPC was added, whereupon the applicants preferred a second anticipatory bail application, which was also allowed by this Hon’ble Court in MCRCA No. 1096 of 2025 vide order dated 24.07.2025. Thereafter, Section 395 of the IPC was further added, leading the applicants to file the present, third anticipatory bail application. Learned counsel further submits that applicant Nos. 3 and 5 have no criminal antecedents, whereas applicant Nos. 1, 2, and 4 have only one criminal antecedent under the IPC, which has already been mentioned in the present bail application. Hence, he prays that the applicants may be granted anticipatory bail. 4 5. On the other hand, learned State counsel as well as learned counsel appearing for the objector oppose the prayer made by the learned counsel for the applicants for grant of anticipatory bail. 6. I have heard learned counsel for the parties and perused the documents appended in the present anticipatory bail application. 7. Considering the facts and circumstances of the case, and taking into account that this is the third anticipatory bail application filed on behalf of the present applicants, it appears that the first anticipatory bail application was allowed by this Court in MCRCA No. 818 of 2024 vide order dated 24.07.2024 on merits, for the offences punishable under Sections 379 and 34 of the IPC. Subsequently, Section 392 of the IPC was added, whereupon the applicants preferred a second anticipatory bail application, which was also allowed by this Hon’ble Court in MCRCA No. 1096 of 2025 vide order dated 24.07.2025. Thereafter, Section 395 of the IPC was further added, leading the applicants to file the present, third anticipatory bail application. Also considering the fact applicant Nos. 3 and 5 have no criminal antecedents, whereas applicant Nos. 1, 2, and 4 have only one criminal antecedent under the IPC, which has already been mentioned in the present bail application, therefore, I am inclined to allow the present application and grant anticipatory bail to the applicants. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Ashutosh Mishra, Khileshwar Jaiswal, Rajendra Kumar Tiwari, Satyam Shukla, and Avinash Jaiswal, on executing a personal bond with one surety (each) in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) They should not directly or indirectly make any inducement, threat or promise to any person 5 acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) They should not act in any manner which will be prejudicial to fair and expeditious trial. (c) They should appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The Applicants and the sureties 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) They should not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek