1 2025:CGHC:42496 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1273 of 2025 Hemant Lunkad S/o Khemraj Lunkad Aged About 55 Years R/o Flat No. 202, Rajshri Apartments, Behind Mahila Police Station Byron Bazaar, Dist. Raipur C.G. ... Applicant versus State Of Chhattisgarh Through Police Station Civil Lines, Raipur C.G. ... Respondent For Applicant : Shri Shahid Siddiqui, Advocate. For Respondent/State : Shri Soumya Rai, PL. 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 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.313/2025 registered at Police Station – Civil Lines, Raipur [C.G.] for the offences punishable under Sections 318 (4), 336 (6), 338, 340 (2)& 61 (2) of B.N.S.S. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.22 17:54:52 +0530 2 2. Case of the prosecution, in brief, is that Manoj Yadav/Complainant (Director of Rupee Resources) has filed a complaint against Narendra Agarwal, applicant/accused, Poonam Lunkad & Khanpara Mayur Chandubhai has while criminally conspiring through Swastik Projects by forging documents and using them as original/valid has committed cheating and fraud, therefore an FIR was registered under sections 318(4), 338, 336(3), 340(2) & 61(2) of B.N.S. on 11.07.2025. 3. Learned counsel for the applicant submits that Narendra Agarwal with other Directors of Rupee resources has with the intention of committing fraud with other partners of Swastik Projects Applicant/Hemant Lunkad, Poonam Lunkad & Khanpara Mayur Chandubhai has amended the partnership deed several times and after the execution of partnership deed the partners in Swastik Projects, applicant/Hemant Lunkad, Poonam Lunkad & Khanpara Mayur Chandubhai has invested money in development of Doma properties for which the partnership deed between Rupee resources and Swatik projects was executed. He would submit that co accused Poonam Lunkad was sent a notice by Civil Lines, Police on 04.07.2025, thereafter, has presented before the Civil lines Police Station, Raipur on 05.07.2025 and his statement was taken, in addition to that he was coerced into signing a document of Declaration-cum confirmation deed on 05.07.2025 for compromise and leave the Partnership from Swastik Projects. He would submit that the applicant has been diagnosed with Cancer, his condition is serious and is on liquid diet. He would submit that instant matter is civil in nature but the impugned FIR has been filed after the complaint of Poonam Lunkad to Superintendent of Police, Raipur. He would further submit that compromise has been arrived at between the parties on 7th August, 3 2025, therefore, he submits that the present applicant is 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. 5. I have heard learned counsel for the parties and perused materials available on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, material available on record and also considering the fact that compromise has been arrived at between the parties on 7th August, 2025, 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 applicant – Hemant Lunkad, 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 applicant 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) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant shall appear before the trial Court on each and every date given to him by the said Court till 4 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 verified by the trial Court. (e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri