1 2025:CGHC:20498 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 644 of 2025 1 - Lalita Soni W/o Vinay Samuel Aged About 42 Years Occupation - House Wife, R/o Labour Colony, Tulshipur, Ward No.-17, Rajnandgaon, Police Station - City Kotwali, District - Rajnandgaon, Chhattisgarh 2 - Vinay Samuel S/o Late John Victor Samuel Aged About 45 Years Occupation - Contractual Employee Under State Bank Of India, Rajnandgaon Branch, R/o Labour Colony, Tulshipur, Ward No.-17, Rajnandgaon, Police Station - City Kotwali, District - Rajnandgaon, Chhattisgarh ... Applicants versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Station - City Kotwali, District - Rajnandgaon (C.G.) ... Non-applicant For Applicants : Mr. Rishabh Bisen, Advocate For State : Mr. Bharat Gulbani, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/05/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 have been filed by VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.06 17:57:30 +0530 2 the applicants, who are apprehending their arrest in connection with Crime No.178/2025 registered at Police Station – City Kotwali, District- Rajnandgaon(C.G.) for the offences punishable under Sections 384 read with 34 of IPC and Section 4 of C.G. Riniyon Ka Sanrakshan Adhiniyam, 1937. 2. Brief facts of the case are that, applicants have given Rs. 3,90,000/- to the complainant and return the complainant has returned Rs.5,46,000/- and applicants were asking more money in form of interest and has made several statement with the complainant. 3. Learned counsel for the applicant submits that the applicants are innocent and they have been falsely implicated in the present case. He would submit that applicants and complainant known each other and they are good friends since more than decades and only helped the complainant and his family being sympathetically to bring her out from their financial crises. He further submits that with regard to the agreement dated 12.01.2023 for amount of Rs. 1,00,000/- with the complainant the cheque issued to the applicant No.2 on non-payment of the return within stipulated time the applicant deposited the cheque bearing 550633 for amount of Rs. 1,00,000/- which was bounced due to insufficient balance on 18.12.2024 thereafter applicant No.2 preferred an applicant under 138 of Negotiable Instrument Act, 1881, thereafter only the Lapse of more than 3 months of dispute the FIR has been lodged. He further submits that the investigation and trial are likely to take time, therefore, 3 he submits that the present applicants are entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer 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, gravity of offence, also considering the fact that applicants and complainant known each other and they are good friends since more than decades and only helped the complainant and his family being sympathetically to bring her out from their financial crises and applicants have no previous criminal antecedents and 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 applicants – Lalita Soni and Vinay Samuel on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he 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 him from disclosing such fact to the Court. 4 (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 him by the said Court till disposal of the trial. (d) The applicants 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 applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali