1 2025:CGHC:42703 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1276 of 2025 Lokesh Thakur S/o Late Heeralal Thakur Aged About 49 Years R/o Tiranga Chowk, Kushalpur, Purani Basti, Raipur, District Raipur (C.G.) ...Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Civil Line, District : Raipur, Chhattisgarh ... Non-applicant For Applicant : Mr. Shivendu Pandya, Advocate. For Non-applicant/State : Mr. Atanu Ghosh, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.08.2025 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.319/2025, registered at Police Station - Civil Line District - Raipur (C.G.) for the offence punishable under Sections under Section 318(4) of BNS 2023. 2. The case of the prosecution is that the complainant namely Dr. Mahesh Mishra is running the NGO as name and fame Aakar Foundation and his friend Panigrahi was told regarding the installing smart meter by Genus Power Infrastructure Limited and it's office is situated Dharampura, Infront of P.G. Collage Jagdalpur, thereafter they went to VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.23 11:33:38 +0530 2 the office of Genus Company and communicate regarding the installation of smart meter but they have not full filled the formality of Genus Company for installing the smart meter. In mean while, they got knowledge regarding the present applicant who are authorized and handling the installing of smart meter. The office of the present applicant is situated at Raipur and when the complainant and his friend got knowledge regarding the present applicant, and then they come at Raipur and contacted him. Further, the complainant and his friend met with the present applicant and share the plan with the present applicant. Further the complainant alleged that when the complainant and his friend are ready to work of installation for the smart meter, thereafter they are ready to full fill the formality. It is alleged by the complainant that the present applicant has been taken the one cheque of name of the present applicant himself and two blank cheque in the name of Company who is handling the work of the installation meter, thereafter the present applicant executed the agreement with the complainant on 30/09/2024 and the present applicant has been taken Rs. 4,00,000/- from the complainant which are not mentioned in the agreement. It is further alleged by the complainant that after some time, the complainant has communicated regarding the work of installation of smart meter but present applicant has always given the time for giving work to the complainant. Further it is alleged by the complainant that the present applicant again taken the amount of Rs. 4,00,000/- but no work of installation of smart meter allotted to him and mobile phone calls has also not received by the present applicant, hence, the present applicant has committed the offence of cheating with the complainant for sum of Rs. 10,00,000/- by way of not allotting the work of installation 3 of smart meter. The complainant lodged the written report in the Police Station Civil Line, District Raipur (C.G.) against the present applicant to effect that the present applicant was taken the amount of sum of Rs. 10,00,000/- laks from the complainant for the allotting the work of installation of smart meter. After that incident, the complainant has lodged the written report against the present applicant in the Police Station Civil Line, District - Raipur (C.G.) on 15/07/2025 for the aforesaid act of the accused person. That, on the basis of above written complaint made by the complainant and the report of the complainant, the police of Police Station Civil Line, District Raipur (C.G.) lodged the FIR against the present applicant for offence punishable under section as indicated above. A copy of FIR is being filed herewith as ANNEXURE A/2. 3. The applicant submits that he is innocent and has been falsely implicated in the alleged offence, as the entire prosecution story is concocted and fabricated. He has neither taken any money from the complainant nor promised any particular work at Jagdalpur; rather, as per the agreement, work was to be allotted as per the requirement of the Project Manager in coordination with agencies. The complainant, who was unwilling to work at the places allotted, has maliciously lodged a false case only to pressurize the applicant. The applicant has already replied to the complainant’s legal notice, denying all allegations, and the documents, cheques and WhatsApp chats clearly show that only Rs. 2,00,000/- was given, which was duly accounted for. No wrongful gain or loss has been caused, no ingredients of cheating are made out, and the FIR suffers from inordinate delay without proper explanation. The case being documentary in nature, there is no chance of 4 tampering with evidence or influencing witnesses. The applicant is a permanent resident, undertakes to cooperate with the investigation and face trial, and is ready to furnish adequate surety. Hence, the applicant prays for grant of anticipatory bail. 4. On the other hand, learned State counsel opposes 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 of the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, this Court, without expressing any opinion on the merits, 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 – Lokesh Thakur, 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) 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 his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be 5 verified by the trial Court. (e) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Vaibhav