1 2025:CGHC:60640 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1955 of 2025 • Vikash Kumar Mittal S/o Late Shri Bhagwan Das Mittal Aged About 45 Years R/o Rishabh Green City, Pulgaon Durg, District : Durg, Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through - Station House Officer, Police Station Old Bhilai, Durg, District : Durg, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Bhaskar Pyasi, Advocate For Respondent/State : Mr. U.K.S. Chandel. Dy.A.G. For Objector Mr. B.P.Sharma and Mr. Raza Ali, Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.12.2025 1. The applicant has preferred this First Anticipatory Bail Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, who is apprehending his arrest in connection with Crime No. 465/2025, registered at Police Station – Old Bhilai, District – Durg (C.G.) for the offence punishable under Sections 406 and 420 of the Indian Penal Code (for short, IPC). 2. The case of the prosecution, is that the complainant Vinay Kumar Vishwa approached Police Station on 22.11.2025 with written complaint to the effect that applicant being Director of the Company styled as "Wire Injection Technology Private Limited" was established in the year 2019. Applicant had committed cheating of Rs.70 Lacs, which resulted in financial loss to the Company, inter-alia, stating that Mobile Number of the applicant was VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.12.16 11:01:59 +0530 2 registered for operating account of the company and, therefore, OTP and SMS were received mobile number of applicant. It was further stated that applicant had paid Rs.70 Lacs to Shri Kesari Nandan Steel (Proprietorship firm of co-accused). It was also stated that identical complaint was made earlier on which police station Bhilai-3 had proceeded under Section 174 of the BNSS and suggested to approach competent Court of law. Further, on this occasion Police Station Old Bhilai had registered the offences punishable under Section 406 and 420 of the IPC against the applicant and one Rohit Mittal on the same day i.e. 22.11.2025, without investigating the allegations leveled by complainant which were found non cognizable on earlier occasion and complainant was directed to approach competent Court of law for his grievances, if any. Copy of FIR No.465/2025 registered by Police Station Bhilai, Durg is annexed herewith as Annexure A-2. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He also submits that the complainant Vinay Kumar Vishwa and another Director Abhay Sharma were instrumental in making forged signature of the applicant herein for obtaining loans to the tune of Rs.34,73,000/- from lending Kart Finance Limited on 14.03.2024 and Rs.15,10, 400/- from Hero Fin Crop on 31.03.2024. It is pertinent to mention here that complainant Vinay Kumar Vishwa and Abhay Sharma had obtained unsecured business loan by forging signature of the applicant herein. He further submits that the complainant in its complaint had stated that applicant had submitted his resignation on 03.04.2024 which was duly accepted on 04.04.2024 and from bare perusal of Para 2 of the alleged resignation letter it is crystal clear that applicant has forwarded his interest to resign from the position of Director and shareholder of company against the refund of his capital investment/collateral property/shareholding in company. Further, in Para 3 it is mentioned that all the legal formalities will be executed and confirmed once my capital investment/collateral property/shareholding amount in the company is returned back to me with any other pending 3 dues. Copy of conditional resignation letter dated 03.04.2024 is annexed herewith as Annexure-A/5. He also submits that there is no criminal antecedents registered against the present applicant and investigation 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 as well as learned counsel for the Objector opposes the bail application and submits that applicant had committed cheating of Rs.70 Lacs, which resulted in financial loss to the Company, inter-alia, stating that Mobile Number of the applicant was registered for operating account of the company and, therefore, OTP and SMS were received mobile number of applicant and he had paid Rs.70 Lacs to Shri Kesari Nandan Steel (Proprietorship firm of co-accused) and also stated that also stated that identical complaint was made earlier on which police station Bhilai-3 had proceeded under Section 174 of the BNSS and suggested to approach competent Court of law. therefore, he is not entitled for grant of anticipatory bail. 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 applicant, material available on record, submissions made by learned counsel for the parties, investigation and conclusion of the trial is likely to take some time, I am inclined to allow this anticipatory bail application. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Vikas Kumar Mittal 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 4 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 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 himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali