1 2025:CGHC:42494 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1275 of 2025 1 - Amit Jain, S/o Shri Suresh Jain Aged About 40 Years, 2 - Smt. Monika Jain, W/o Amit Jain Aged About 39 Years, Both are R/o House No. 54, Ward No. 11, Jai Kirana Stores Bazar Road, Dondilohara, District : Balod, Chhattisgarh ... Applicants versus State Of Chhattisgarh Through S.H.O. City Kotwali Balodabazar, District : Balodabazar-Bhatapara, Chhattisgarh ... Respondent For Applicants : Shri Shikhar Bhaktiyar, Advocate. For Respondent/State : Shri Soumya Rai, PL. For objector : Shri Rajesh Mishra, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21/08/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 have been filed by the applicants, who are apprehending their arrest in connection with Crime GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.22 17:53:55 +0530 2 No.565/2025 registered at Police Station – City Kotwali Balodabazar, Distt. Balodabazar-Bhatapara (C.G) for the offences punishable under Sections 420 and 34 of the IPC. 2. Case of prosecution, in brief, is that complainant Shashi Bhushan Shukla has filed a written complaint before the Superintendent of police and the letter was issued by the SP office to the police station Balodabazar and according to the allegation applicants who are the husband and wife and proprietor of M/s Jai Traders and Jai Archana Stores was indulged to make the forged transport bilty of Durga Carrier and got amount on that basis and the vehicle Numbers which was mentioned in the transport bilty the said vehicles are not capable to transport cement and thus the applicants have received 15,82,241 Rs. from Durga Carrier in the name of transporting of cement on the basis of forged vehicles number and thus they have committed the said crime. 3. Learned counsel for the applicants submitted that the FIR has been lodged by the applicant against the complainant and others for the same offence and complainant Shashi Bhushan Shukla has preferred a CRMP No.216/2023 challenging the said FIR and other co-accused persons have challenged the same in WPCR No.32/2023 and interim order has been passed on 28/07/2023 staying their arrest, therefore, he submits that the present applicants are entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 3 5. Learned counsel for the objector has objected for grant of anticipatory bail but could not dispute the fact the FIR has been lodged from the side of the applicant against the complainant and others and interim order has been passed on 28/07/2023 staying their arrest. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, materials available on record and also considering the fact that the FIR has been lodged by the applicant against the complainant and others for the same offence and complainant Shashi Bhushan Shukla has preferred a CRMP No.216/2023 challenging the said FIR and other co-accused persons have challenged the same in WPCR No.32/2023 and interim order has been passed on 28/07/2023 staying their arrest, therefore considering the facts, I am inclined to grant anticipatory bail to the present applicants. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant No.1– Amit Jain and applicant No.2 Smt. Monika Jain, on each of them executing a personal bond and one surety 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 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 them 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 gouri