1 2025:CGHC:10550 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 303 of 2025 Naresh Patel S/o Premlal Patel Aged About 50 Years R/o Village Naktikhar Gorhi (Bhalusarka) Police Station Korba District - Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House OfÏcer Police Of Police Station Surajpur District - Surajpur (C.G.) ... Non-applicant For Applicant(s) : Mr. S.P. Sahu, Advocate For Respondent(s) : Mr. U.K.S. Chandel, Dy. Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.03.2025 1. This first anticipatory bail application under Section 482 of the BNSS has been filed by the applicant, who is apprehending his arrest in connection with Crime No.344/2022 registered at Police Station– Surajpur, Distt. Surajpur (C.G.) for the offence punishable under Sections 417 and 420 read with Section 34 of IPC. 2. Prosecution case in brief is that on 06-08-2022, the complainant namely Abhishek Pratap Singh made a complaint before the Police Station Surajpur and stated therein that the accused persons namely Naresh Patel (present applicant), Vimal Singh Thakur, KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Manoj Kumar and Ashok Das stated the complainant that gold is under the earth and on the basis of which, the accused persons have taken Rs. 14,09,000/- by alluring the complainant that gold will be get out for you. On the basis of said report, the police has registered the crime against the present applicant and other co- accused persons. 3. Learned counsel for the applicant submits that the applicant is innocent and falsely implicated and deliberately in this case. He further submits that the applicant has neither committed nor participated in any such act, which may amount to any of the offences, mentioned above and It is pertinent to mention here at this juncture, one of the co-accused namely Manoj Kumar Kenwat has been granted regular bail by the learned trial Court vide order dated 10-08-2022 and the case of the present applicant is not different from that case. He further submits that the essential ingredients of alleged offences are not attracted against the applicant. Accordingly, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the applicant and submits that from perusal of the case diary, it appears that the the present applicant along with co- accused have cheated the complainant of Rs 14,09,000/- by falsely promising to extract gold from a buried handa. During the investigation, statements of Abhishek Pratap Singh, Savidesh Kumar, and Ashok Kumar Singh were recorded and on 07.08.2022, Rs 4,19,000/- was seized from Vimal Singh Thakur i.e. co-accused. 3 Accordingly, the present applicant is not entitled for grant of anticipatory bail. 5. Hence, the bail application of the applicant is liable to be rejected. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, it appears that the applicant along with co- accused have fraudulently cheated the complainant of Rs 14,09,000/- by falsely promising to extract gold from a buried pot (handa). During the investigation, statements of Abhishek Pratap Singh, Savidesh Kumar and Ashok Kumar Singh were recorded and on 07.08.2022, Rs 4,19,000/- was seized from Vimal Singh Thakur i.e. co-accused and further looking to the seriousness of this case and involvement of the present applicant thus, this Court is of the opinion that it is not a fit case to grant benefit of anticipatory bail to the applicant. 8. Accordingly, the anticipatory bail application of the applicant– Naresh Patel, filed under Section 482 of the BNSS in connection with Crime No.344/2022 registered at Police Station– Surajpur, Distt. Surajpur (C.G.) for the offence punishable under Sections 417 and 420 read with Section 34 of IPC, is rejected. Sd/- (Ramesh Sinha) CHIEF JUSTICE Kunal