1 2025:CGHC:50951 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1566 of 2025 • Sagar Wadhwani S/o Late Girdharilal Wadhwani Aged About 34 Years R/o Rani Durgavati Ward- 45 Pream Park Puraina, District : Raipur, Chhattisgarh ... Applicant versus • State of Chhattisgarh Through Police Station New Rajendra Nagar, Raipur, District : Raipur, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicants : Ms. Deepanjali Tiwari, Advocate For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13/10/2025 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.79/2025 registered at Police Station – New Rajedndra Nagar District-Raipur (C.G) for the offences punishable under Sections 420 of the Indian Penal Code. 2. Case of the prosecution, in brief, is that applicant in the instant case preferred bail application being aggrieved by impugned order dated VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.14 18:54:59 +0530 2 01.09.2025 passed by court 3rd Additional Sessions Judge, Raipur (C.G.) The facts of the case reveal that it is alleged against the applicant/accused that on 16.02.2023, the husband of the complainant namely Dhanu Banjare purchased an Innova vehicle bearing registration No.CG-04/HB-1197 in the name of his son, Dileshwar Kumar Bande from one Sagar Wadhwani, prorietor of Neeraj Motors, Lalpur, Raipur for a cash consideration of Rs.3,21,000/-. It is alleged that when the said vehicle developed mechanical defects, the same was returned to the seller. However, instead of refunding the purchase amount, the said Sagar Wadhwani dishonestly sold the vehicle to some other person. By such act, the applicant caused wrongful loss to the complainant and wrongful gain to himself, thereby committing cheating. Hence this anticipatory bail application. 3. Learned counsel for the applicant submit that the applicants are innocent and have been falsely implicated in the case. He would submit that applicant has no role in the commission of the alleged offence which has taken place and applicant has been engaged in the lawful business of buying and selling cars under the name of ‘Neeraj Motors’ since the year 2016. It is further submitted by learned counsel for the applicant is that applicant and complainant has amicably settled their dispute and all dues have been cleared by the present applicant. A copy of settlement and affidavit thereto is annexed here and marked as Annexure-A/3 and investigation and trial are likely to take time Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 3 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail therefore the applicant is not entitled for grant of anticipatory 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, considering the fact that the applicant and complainant has amicably settled their dispute and all dues have been cleared by the present applicant. A copy of settlement and affidavit thereto is annexed here and marked as Annexure-A/3 and the fact that investigation and trial are likely to take time, therefore, 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 Sagar Wadhwani, on executing a personal bond and 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) The applicants 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) The applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicants shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial. 4 (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) The applicant shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali