1 2025:CGHC:7966 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC(A) No. 180 of 2025 • Deepak Sahu S/o Punit Sahu Aged About 22 Years R/o Devpuri, Police Station Tikrapara, District and Tehsil Raipur (C.G.) ... Applicant Versus • State of Chhattisgarh Through S.H.O. Police Station Tikrapara, Tahsil and District - Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Ankit Singh, Advocate For Non-Applicant : Mr. Vinay Pandey, Deputy Advocate General Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 14/02/2025 1. This is the first anticipatory bail application filed by the present applicant under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No. 54/2023 registered at Police Station- Tikrapara, Raipur, District-Raipur (C.G.) for the commission of an offence punishable under Section 420 read with Section 34 of IPC. 2. The case of the prosecution is that the complainant namely, Ramesh Kumar Dewangan, who was the owner of the JCB machine, entered into an agreement with the present applicant on 24.02.2022 and handed over his JCB machine to the applicant on rent. The complaint approached the applicant to make the agreed payment of a rate or for the return of the JCB machine, but the present applicant neither paid the rent amount nor returned the JCB machine, therefore, an F.I.R. was Digitally signed by RAMESH KUMAR VATTI 2 lodged on 23.01.2023 against 04 accused persons including the present applicant. 3. Mr. Ankit Singh, learned counsel appearing for the applicant would submit that there is a civil dispute and the same has been given the criminal color by the complainant. He would further submit that an agreement was entered into between the complainant and the applicant on 24.02.2022. He would further contend that the applicant has paid the rent amount to the complainant from time to time and this fact is evident from receipts filed along with this bail application. He would also submit that 02 co-accused persons have already been enlarged on regular bail, therefore, the application moved by the applicant may be allowed. He would also contend that at the time of the incident, the age of the applicant was 21 years, whereas the age of the complainant and other co-accused persons was more than 50 years, therefore, it would not be safe to hold that the applicant manipulated or induced the complainant to hand over JCB machine. He would pray to allow this anticipatory bail application. 4. On the other hand, Mr. Vinay Pandey, learned Deputy Advocate General appearing for the State/non-applicant would oppose. He would submit that in the memorandum statement, the co-accused namely, Yasin Khan has categorically stated that the present applicant i.e. Deepak Sahu sold the JCB machine of the complainant in Maharashtra and the money was shared between the co-accused persons and his share was Rs.50,000/-. Mr. Vinay Pandey further contended that in the bail order of other co-accused persons, there is a categorical observation that Deepak Sahu i.e. the present applicant is the main culprit, therefore, the application deserves to be dismissed. 3 5. Heard learned counsel for the parties and perused the documents including the case diary. 6. The other co-accused persons have been enlarged on regular bail. In the order dated 12-05-2023 passed by this Court in MCRC No 2510 of 2023 and MCRC No 3454 of 2023, there is a clear observation that the present applicant - Deepak Sahu is the main culprit who sold the JCB machine of the complaint in Maharashtra. In the memorandum statement, the co-accused namely, Yasin Khan has categorically made a statement against the present applicant. The other co-accused persons were enlarged on regular bail, whereas the present applicant has been absconding since 23.01.2023. 7. Taking into consideration the fact that the applicant has sold the JCB machine of the complainant in Maharashtra, which appears to be serious in nature, therefore, I am not inclined to grant anticipatory bail to the present applicant. 8. Consequently, the anticipatory bail application is dismissed. Sd/- (Rakesh Mohan Pandey) Judge vatti