Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:59516
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8542 of 2025
1. Anuj Singh S/o Late Harinarayan Singh Aged About 43 Years R/o Mohalla Mayapur (Wrongly Typed As Mo.), Police Station And Tehsil Ambikapur, District Surguja, Chhattisgarh. 2. Bhakku Ram Munda S/o Late Mohan Munda Aged About 45 Years R/o Mohalla Bhathupara (Wrongly Typed As Mo.), Police Station And Tehsil Ambikapur, District Surguja, Chhattisgarh. ... Applicants versus State of Chhattisgarh Through Police Station Ambikapur Dehat (Gandhi Nagar), Ambikapur, District Surguja, Chhattisgarh. ... Non-Applicant For Applicants : Mr. Vishal Sahu, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 08.12
.202
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1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 423/2025, registered at Police Station – Ambikapur Dehat (Gandhi Nagar), Ambikapur, District - Surguja(C.G.) for the offence punishable under Sections 4 of Chhattisgarh Debtors Protection Act, 1937 and Sections 296, 61B, 338 and 339 of Bharatiya Nyaya Sanhita, 2023. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.09 10:50:37 +0530
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2. As per the case of the prosecution, the F.I.R. regarding the incident was lodged by Smt. Alka Singh in respect of events alleged to have taken place between 07.07.2023 and 11.06.2025. The F.I.R. was lodged on 26.07.2025, alleging inter alia that the applicants are moneylenders and have committed an offence under Section 4 of the Chhattisgarh Debtors Protection Act, 1937. It has been alleged that the complainant borrowed Rs. 13 lakhs from Anupama Singh, out of which Rs. 11,82,000/- has already been repaid, yet Anupama Singh is now demanding an additional amount of Rs. 18 lakhs. It is further alleged that the complainant is being harassed for the payment of the aforesaid amount. It is also alleged that six blank cheques signed by the complainant were used for the said amount and that these cheques have been misused. Further allegations include that a forged agreement was obtained, and the complainant has denied the signature on the said agreement. It has also been alleged that the blank cheques were used for the recovery of an amount of Rs. 30 lakhs. 3.
It is argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. He further submitted that two co-accused, namely, Anupama Singh and Pankaj Choudhary have already been granted bail by this Court vide order dated 30.10.2025 abd 07.11.2025 passed in MCRC No. 8610/2025 and 8892/2025, respectively, further other co-accused, namely, Vikas Kumar Mishra has already been granted anticipatory bail by this Court vide order dated 02.12.2025 passed in MCRCA No. 1886/2025, further the applicants are in jail since 09.10.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application of the applicant and submits that the charge-sheet has not been filed in
3 the present case. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that two co-accused, namely, Anupama Singh and Pankaj Choudhary have already been granted bail by this Court vide order dated 30.10.2025 and 07.11.2025 passed in MCRC No. 8610/2025 and 8892/2025, respectively, further other co-accused, namely, Vikas Kumar Mishra has already been granted anticipatory bail by this Court vide order dated 02.12.2025 passed in MCRCA No. 1886/2025 and the applicants are in jail since 09.10.2025, and conclusion of the trial is likely to take some time, this Court is of the view that the applicants are entitled to be granted regular bail in this case. 7. Accordingly, the bail application is allowed. Let applicant Nos.
1 and 2 - Anuj Singh and Bhakku Ram Munda, respectively involved in Crime No. 423/2025, registered at Police Station – Ambikapur Dehat (Gandhi Nagar), Ambikapur, District – Surguja (C.G.) for the offence punishable under Sections 4 of Chhattisgarh Debtors Protection Act, 1937 and Sections 296, 61B, 338 and 339 of Bharatiya Nyaya Sanhita, 2023., be released on bail on his furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and
4 pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicants are deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/-
(Ramesh Sinha)
Chief Justice Preeti