1 2025:CGHC:6545 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 199 of 2025 Sanjeet Agrawal S/o- Kanhaiyalal Agrawal Aged About 34 Years Occupation - Business, R/o Bhaiyathan Road Surajpur, Thana Surajpur, District - Surajpur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer Police Station Gandhinagar District - Sarguja (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Sanjay Agrawal, Advocate. For Non-Applicant(s) : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.02.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.715/2024 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Gandhinagar District - Sarguja (C.G.) for the offence punishable under Sections 420, and 120-B of the IPC. 2. Prosecution case in brief is that the complainant, Bhola Prasad Kurre, has submitted a written complaint against the applicant/accused, Sanjeet Agrawal, and co-accused Sandeep Agrawal, Kanhaiya Lal Agrawal, Dev Kumar Kurre, Divya Gupta, and Yogesh Gupta. The complaint was filed at the Gandhinagar Police Station, and an FIR was registered under Sections 420 and 120-B of the Indian Penal Code on December 3, 2024. The complainant's written complaint allegedly states that the main accused, Sanjeet Agrawal, had made certain statements against him, and that money was deposited into the bank accounts of Sanjeet Agrawal and Dev Kumar Kurre. The Station House Officer's report also mentions that the alleged fraud amount was given to Sanjeet Agrawal and Dev Kumar Kurre in cash or through account transfer, and that co-accused Dev Kumar had withdrawn money through a check. It is also mentioned that the main accused, Sanjeet Agrawal, had given a check to the complainant and other victims for refunding the amount, which bounced. The case diary initially suggests that all transactions and dealings of the complainant were with the main accused/applicant Sanjeet Agrawal and co-accused Dev Kumar Kurre. 3. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicate in the present case. He 3 further submits that the entire family members of the applicant, who were involved in share trading are made accused in the present case, further co-accused persons, who are the family members of the present applicant, namely, Sandeep Agrawal, Kanhiyalal Agrawal, Divya Agrawal, Yogesh Gupta and Devkumar Kurrey have already been granted anticipatory bail by the learned trial Court vide order dated 11.12.2024, copies of which are collectively annexed as Annexure A-5, so far as criminal antecedent of the applicant is concerned, he has one criminal antecedent, in which he has been granted bail by the learned trial Court, hence he prays for grant of anticipatory bail to the applicant. 4. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that present applicant is the main accused in this case, all the fraud amount was received by the present applicant Sanjeet Agrawal in cash or through account transfer, and that co-accused Devkumar had withdrawn money through a check, further applicant has one criminal antecedent, therefore, he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material 4 available in case diary, and the fact that the entire family members of the applicant, who were involved in share trading are made accused in the present case, further co-accused persons, who are the family members of the present applicant, namely, Sandeep Agrawal, Kanhiyalal Agrawal, Divya Agrawal, Yogesh Gupta and Devkumar Kurrey have already been granted anticipatory bail by the learned trial Court vide order dated 11.12.2024, copies of which are collectively annexed as Annexure A-5, so far as criminal antecedent of the applicant is concerned, he has one criminal antecedent, in which, he has been granted bail by the learned trial Court, as such, without further commenting anything on merits, this Court find it appropriate 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 - Sanjeet Agrawal, 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) 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. 5 (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) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil