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2025 DAILYLAW 52743 (CHH)

SATISH CHANDRA AGRAWAL v. STATE OF CHHATTISGARH

MCRCA/1553/2025 · 2025-10-09

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Judgment text

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1 2025:CGHC:50656 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1553 of 2025 1 - Satish Chandra Agrawal S/o Trilokchand Aged About 46 Years R/o House No.79, Deepapara, Ward No.04, Salar, Raigarh, Tahsil And District Raigarh (C.G.) ... Applicant Versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Chakradharnagar, District : Raigarh, Chhattisgarh ... Non-applicant For Applicant : Mr. Shikhar Sharma, Advocate For Non-applicant : Mr. Ankita Shukla, Panel Lawyer 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. 121/2025 registered at Police Station – Chakradharnagar, District- Raigarh (C.G.) for the offence punishable under Section 318 of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of prosecution in brief is that, on 21.03.2025, the complainant namely Ritesh Goyal, who runs a business in the name and ownership of Shivam Hardware lodged a complaint in the concerned police station alleging that on 09.11.2024, the applicant who is also an owner of a business namely, Satish Trader placed an order before the salesman namely, Dev Kumar of J.K,. SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 Company for 30 tonnes of Putti and had also deposited amount of the said order. Thereafter, the company issued the invoice on 15.11.2024 in the name of Satish Traders, Sarangarh and the same was also delivered to the applicant on 24.11.2025 consisting 756 bags of Putti amounting to Rs. 5,43,375/-. But thereafter, the applicant with the mala fide intention informed that he had not received the goods (putti) from J.K. company and was denying the supply of goods. Based on the report, aforementioned crime was registered and the investigation was commences by the concerned police station. 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, the applicant from 01.04.2024 to 26.12.2024 had made payment of Rs. 5,43,375/- to the complainant which is evident from his transactional records. Further, the applicant has also made the ledger entries in his book for recording the said transaction between the complainant and the applicant he submits that the applicant and the complainant are regularly involved in business transaction and business dealings and the present case is totally civil in nature which is been given the colour of a criminal case and thus, the applicant may be granted anticipatory bail. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that present applicant there are specific allegations of commission of cheating and fraud by the applicant with the complainant. He submits that the applicant even after receiving the goods had denied for payment and receipt of goods and with a mala fide intention has committed fraud with the complainant.. 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, 3 transactional records between the complainant and the applicant, 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 – Satish Chandra Agrawal, 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 Sd/- (Ramesh Sinha) Chief Justice Dey