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2025 DAILYLAW 58127 (CHH)

MAYUR CHANDRAKUMAR MESHRAM v. THE STATE OF CHHATTISGARH

MCRCA/1669/2025 · 2025-10-30

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:53427 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1669 of 2025 • Mayur Chandrakumar Meshram S/o Shri Chandrakumar Meshram Aged About 35 Years R/o In Front Of Sai Mandir, Street No. 1, Gondiya, Maharashtra. ...Applicant versus • The State of Chhattisgarh Through S.H.O. Police Station Basantpur, District Rajnandgaon, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Shikhar Bakhtiyar, Advocate For Respondent/State : Dr. Saurabh Kumar Pande, Dy.A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31.10.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.218/2025 registered at Police Station – Basantpur, District – Rajnandgaon (C.G.) for the offence punishable under Sections 420 of the Indian Penal Code (IPC). 2. The prosecution story, in brief, is that an FIR dated 25.05.2025 at Police Station Basantpur, District – Rajnandagaon under Section 420 of IPC alleging cheating through a fraudulent tourism scheme by the operator VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.03 17:42:24 +0530 2 of Desire Taj Vacation Company. On 13.08.2022, the 71 years old complainant namely Ramesh Kumar Vaishanav, a retired Government employee, received a call claiming a prize was due and was directed to the company’s office at Rishabh Tower, Third Floor, Rajnandgaon. The operator promoted a three year tourism package worth Rs.99,500 requiring ab immediate Rs.51,000/- payment via BHIM app, which the complainant made after sighing an agreement for the balance in installments. On 13.10.2022, he paid an additional Rs. 40,000/- in cash for promised discount on the remaining amount, totaling 91,000/- with receipts issued and assurances of tour benefits upon booking. Nearly a year later, attempting to arrange a tour, the complainant found the office closed without notice. He alleges intentional deception to extract the funds under false pretenses of tourism services, leading to the FIR and investigation. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. It is submitted that the applicant has already resigned on 01.10.2023 from the post of directors and since then he is not the part of the operations of the company. He further submits that the applicant is also one of the victim of the fraud prepared by co-accused namely Pintu Sonkar, who allegedly took money from the applicant and defrauded both him and the company by misusing funds for personal leisure. He further submits that co-accused namely Pintu Sonkar has already been granted bail by this Court in MCRC No.6327 of 2025 vide order dated 28.08.2025. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant has two previous criminal antecedents of 3 similar nature bearing crime No.510 of 2025 registered at Police Station Supela, District – Durg (C.G.) for the offence under Section 420 of IPC and in crime No.977 of 2024 registered at Police Station Civil Lines, District – Bilaspur (C.G.) for offence under Sections 420, 3 of IPC and in both cases applicant is on bail and trial is pending. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, submissions made by learned counsel for the partied and considering the fact that the applicant has already resigned on 01.10.2023 from the post of directors and since then he is not the part of the operations of the company, Further co-accused namely Pintu Sonkar has already been granted bail by this Court in MCRC No.6327 of 2025 vide order dated 28.08.2025, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Mayur Chandrakumar Meshram on executing a personal bond with 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 their adhaar card alongwith a colored 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 themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali