Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:58950
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1914 of 2025 Harishankar Gajbhiye S/o Suklal, Aged About 52 Years R/o Village Parsoda P.S. Balod, District Balod (C.G.) ...Applicant
versus State Of Chhattisgarh Through Police Chowki Paudi, Police Station Bodla, District Kabirdham (C.G.) ...Non-applicant
For Applicant : Mr. B.P. Singh, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Government Advocate. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 04.12.2025
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. 155/2024 registered at Police Chowki - Paudi, Police Station - Bodla District – Kabirdham (C.G.) for the offences punishable under Section 420 & 34 of IPC. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.05 12:06:27 +0530
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2. The prosecution story in brief is that, it is alleged against the present applicant and other co-accused that with the intention of cheating and in pretext of providing job the present applicant has taken Rs. 12,62,000/- since 26/09/2023 to 25/02/2024 from the complainant and his family members. Therefore upon the complaint of complainants, the police has registered the case under Section 420, 34 of the IPC. 3. The applicant submits that she is innocent and has been falsely implicated in the present case. He further submits that applicant had taken money from the complainant for the purpose of constructing a house and, in this regard, had executed an agreement clearly mentioning that he received the said amount and had also issued a cheque in lieu thereof. After receiving the money, the applicant returned the entire amount to the complainant through online mode, yet despite having acknowledged the receipt of the full amount and having assured the applicant that no dues remained outstanding, the complainant has falsely lodged the present case merely to unlawfully extract the applicant’s hard-earned money. The applicant and the complainant are friends, and the applicant has repaid the entire amount taken by him through online transactions, copies of which are filed herewith as Annexure A/3. The applicant is ready to furnish adequate surety and undertakes to abide by all terms and conditions imposed by the Hon’ble High Court, therefore, he prays for grant of anticipatory bail to the applicant. 4.
On the other hand, learned State Counsel appearing for the non- applicant/State opposes the bail application. 3
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 made by learned counsel for the parties, the nature of the dispute, and the material available in the case diary, particularly as the co-accused has already been granted bail by the trial court in MCRCA No. 1748 of 2025 vide order dated 12.11.2025, without commenting further 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 – Harishankar Gajbhiye, 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
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