1 2025:CGHC:50083 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1536 of 2025 Shruti Pansari @ Shruti Bagari W/o Anuj Pansari, Aged About 34 Years R/o 55 Ramesh Mitter Road, Bhawanipore, Kolkata (West Bengal).....(Wrongly Mentioned As Bhawanipur In Order Sheet) ...Applicant versus State Of Chhattisgarh Through Police Station, Pandri, Raipur (C.G.) ... Non-applicant (Cause title is taken from Case Information System) For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer. For Objector : Mr. Abhiyuday Singh, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.10.2025 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.108/2025, registered at Police Station - Pandri District - Raipur (C.G.) for the offence punishable under Sections 409, 420 & 120B of IPC 1860. 2. As per the prosecution's case, a written complaint was made 27.03.2023 by one Anant Dave (one of the Director of Nakoda Ispat VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.08 18:52:49 +0530 2 Ltd.) stating that applicant who is proprietor of M/s R.P. Cherry Enterprises have taken advance of Rs. 25,87,338/- (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 F.I.R. 3. The applicant is innocent and has been falsely implicated in the case. 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. 1090/2025 vide order dated 07.08.2025. The applicant has recently delivered a baby on 10.08.2025, is presently recovering, and is a feeding mother of an infant. She has also been granted transit bail by the learned Trial Court of West Bengal, which has been extended till 13.10.2025. There is no requirement for her custodial 3 interrogation as all relevant facts and documents are already available on record. Furthermore, there is an unexplained delay of almost three years 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. 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 Raghunandan Pansari has already been granted anticipatory bail by this Court vide order dated 07.08.2025 passed in M.Cr.C.A. No. 1090 of 2025, without expressing any opinion on the merits of the case, I am inclined to grant anticipatory bail to the present applicant. 7. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Shruti Pansari @ Shruti Bagari, on executing a personal bond and one local surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- 4 (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 her 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 her by the said Court till disposal of the trial. (d) the applicant and the surety shall submit a copy of her 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) she shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Vaibhav