1 2025:CGHC:8170 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 233 of 2025 Gaurav Kumar S/o Shri Mahendra Prasad Aged About 28 Years Proprietor M/s Solitaire Steel Industries Shop No. 422 Karsan Chamber Timber Market Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through P.S. Bhilai - 3 District - Durg (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. N. Naha Roy, Advocate. For Non-Applicant(s) : Mr. U.K.S. Chandel, Deputy A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.02.2025 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.569/2024 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Bhilai - 3 District - Durg (C.G.) for the offence punishable under Sections 406, 420 and 506 of the IPC. 2. Prosecution case in brief is that the police lodged an FIR under Sections 406, 420, and 506 of IPC against the applicant and the complaint was made by Pankaj Sharma, who claimed that the applicant used his money for business purposes, and the money that the applicant was supposed to receive from vendors was blocked and adjusted towards other dues. Thereafter, the offence has been registered against the applicant for alleged forgery. 3. Learned counsel for the applicant would submit that applicant is innocent and has falsely been implicated in the present case. He further submits that applicant has no reason to commit any wrong act as he himself is a sufferer of improper adjustment of his money against dues under different heads with his vendors. He also submits that there is commercial dispute between the parties, the applicant himself being sufferer of losses on account of mischief played by one Manoj Gupta at whose instance he was introduced with the complainant Pankaj Sharma, the partner of M/s. Vashishth Ventures, one Sushil Agrawal, director of one SKS Ispat Ltd. And one Shishir Awasthi, director of Anjaney Trade Link has already lodged a complaint against all of them on 10.09.2024, which is pending investigation at this stage and as such there is no question of his causing loss to the complainant or intimidating him in any manner, copy of complainant dated 10.09.2024 is 3 annexed as Annexure A/2, hence he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicant used complainant’s money for business purposes, and the money that he was supposed to receive from vendors was blocked and adjusted towards other dues, 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 available in case diary, and the fact that though the applicant used complainant’s money for business purposes, and the money that he was supposed to receive from vendors was blocked and adjusted towards other dues, but it is commercial dispute between the parties and the applicant has no criminal antecedents, 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 - Gaurav Kumar, 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:- 4 (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 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