1 2025:CGHC:56197 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1821 of 2025 Narendra Agrawal S/o Chauthmal Agarwal, Aged About 56 Years R/o Savitri Vrindavan, Daldal Sioni Road, Mowa, Raipur, Dist. Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Civil Lines, Raipur (C.G.) ... Respondent For Applicant : Ms. Vedagni Jangde, Advocate. For Non-Applicant/State : Mr. Bharat Gulabani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.11.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik 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 District – Raipur (C.G.) for the offence punishable under Sections 318(4), 336(3), 338, 340(2) & 61(2) of the BNS. 2. The prosecution story in brief is that, Manoj Yadav/Complainant (Director of Rupee Resources) has filed a complaint against applicant/accused, Hemant Lunkad, Punam Chand Lunkad and VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.19 12:35:37 +0530 2 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 the applicant is innocent and has been falsely implicated in this case. He further submits that after execution of the partnership deed, the partners of Swastik Projects, namely Punam Chand Lunkad, Hemant Lunkad, and Khanpara Mayur Chandubhai, invested money in the development of Doma properties, for which the partnership deed between Rupee Resources and Swastik Projects was executed; that co-accused Punam Chand Lunkad was issued a notice by Police Station Civil Lines, Raipur (C.G.) on 04.07.2025 and thereafter appeared on 05.07.2025, where his statement was recorded, and he was coerced into signing a Declaration-cum-Confirmation Deed for compromise and exit from the partnership; that Punam Chand Lunkad subsequently filed a complaint before the Superintendent of Police, Raipur, against Swastik Projects, partner Narendra Agarwal, and Rupee Resources through Director Manoj Yadav regarding criminal conspiracy, fraud, and cheating; that although the matter is purely civil in nature, the impugned FIR was lodged only after the said complaint, with malicious intent and misuse of political influence by the complainant to falsely implicate the applicant, Hemant Lunkad, Punam Chand Lunkad, and Narendra Agarwal that a compromise has already been executed between the complainant and the applicants, including co-accused Hemant Lunkad and Punam Chand Lunkad, on 3 07.08.2025 through an Article 5 Agreement / Memorandum of Agreement, copies of which are annexed as Annexure A/7, that co- accused Hemant Lunkad, Punam Chand Lunkad, and Khanpara Mayur Chandubhai have already been granted bail on 21.08.2025 in MCRC(A) No. 1273/2025, on 10.10.2025 in MCRC(A) No. 1551/2025, and on 03.11.2025, copies of which are collectively filed as Annexure A/6; that the applicant reasonably apprehends arrest after the investigation progresses; that such arrest would cause irreparable harm to his reputation, goodwill, and business, including loss of trust among farmers, despite there being no prima facie evidence of guilt; that Section 482 BNSS, 2023, read with earlier Section 438 CrPC, expands the scope of anticipatory bail and provides that when reasonable grounds exist to believe the accused will neither abscond nor misuse liberty, there is no justification to require him to undergo arrest and custody before seeking bail; that the applicant undertakes not to make any inducement, threat, or promise to any person acquainted with the facts of the case and will not tamper with evidence or influence witnesses in any manner; and that the applicant is ready and willing to furnish any surety as may be imposed by this Hon’ble Court. therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, the learned State counsel opposes the anticipatory bail application. 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 4 the material available in the case diary, and taking into account that the co-accused Hemant Lunkad, Punam Chand Lunkad, and Khanpara Mayur Chandubhai have already been granted bail on 21.08.2025 in MCRC(A) No. 1273/2025 and on 10.10.2025 in MCRC(A) No. 1551/2025, without further commenting on the merits of the case, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Narendra Agrawal, 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 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