1 2026:CGHC:6314 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 160 of 2026 Nilesh Manik S/o Chandraknat Manik Aged About 27 Years R/o Plot No.- 16, Phase 1, Rajkishor Nagar, P.S.- Sarkanda, District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Sarkanda, District- Bilaspur (C.G.) ... Respondent For Applicant : Shri Vivek Sharma, Advocate. For Respondent/State : Shri Priyank Rathi, G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 04/02/2026 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.1014/2025, registered at Police Station Sarkanda, District Bilaspur (CG) for alleged commission of offence punishable under Sections GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.05 14:44:25 +0530 2 318(4), 338, 336(3), 340(2), 61(2) of BNS 2023. (Correct offences has been mentioned as per order dated 02.01.2026) 2. Case of the prosecution, in brief, is that on 19/06/2025, co-accused Adward Thomas presented cheque No. 000053 for Rs.70,00,000 at HDFC Bank, Sarkanda Branch, which was encashed after routine verification and the amount was credited to his account. Subsequently, the Director of Astrotalk Services Private Limited lodged a complaint at HDFC Bank, Gurgaon, alleging fraudulent withdrawal of Rs.1,40,40,000 through seven forged cheques, including cheque No. 000053 dated 19/06/2025. Upon inquiry, it was found that cheque No. 000053 was forged and fraudulently used to withdraw Rs.70,00,000 from the company’s account. Investigation revealed that the forged cheque was supplied by co-accused Ritesh Kesharwani through the present applicant and deposited in the account of co-accused Adward Thomas. The amount was later withdrawn and handed over to Ritesh Kesharwani, out of which Rs.12,00,000 was allegedly distributed among the co-accused. The present applicant is alleged to have returned Rs.4,50,000 during investigation. On the complaint of the Branch Manager, HDFC Bank, Sarkanda, Crime No. 1014/2025 was registered at Police Station Sarkanda under Sections 318(4), 338, 340, 336(3) and 61(2) of the Bharatiya Nyaya Sanhita, 2023. After completion of investigation, the charge-sheet was filed and registered as Criminal Case No. 30994/2025. Hence, the present bail application. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and only allegation against the applicant is that he allegedly handed over cheque No. 000053 at the instance of 3 a co-accused; there is no allegation that the applicant prepared the forged cheque or derived any benefit therefrom. It is further submitted that even if the prosecution case is taken at face value, there is no material to show that the applicant had knowledge of the cheque being forged or any criminal intent, which are essential ingredients of the alleged offences. He would submit that the applicant has fully cooperated with the investigation, appeared before the police on all required dates, and the recovery of Rs.4,50,000/- was made pursuant to such cooperation. The said amount was a loan transaction and not proceeds of crime. He would submit that the applicant is a permanent resident of Bilaspur and undertakes to abide by all conditions imposed by this Court, therefore he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. He would submit that the allegation against the present applicant is that he acted as an intermediary in the transaction by facilitating the deposit of a forged cheque No. 000053 dated 19/06/2025 for Rs.70,00,000, which was allegedly supplied by co- accused Ritesh Kesharwani and deposited in the account of co- accused Adward Thomas. It is further alleged that after withdrawal of the amount, a sum of Rs.12,00,000 was distributed among the co- accused, out of which the applicant allegedly received a share and later returned Rs.4,50,000/- during investigation, therefore considering the gravity of offence, the applicant is not entitled to be released on anticipatory bail. 4 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, submission of learned counsel for the parties, materials available on record, further the fact that allegation against the present applicant is that he acted as an intermediary in the transaction by facilitating the deposit of a forged cheque No. 000053 dated 19/06/2025 for Rs.70,00,000/- which was allegedly supplied by co-accused Ritesh Kesharwani and deposited in the account of co-accused Adward Thomas and after withdrawal of the amount, a sum of Rs.12,00,000 was distributed among the co-accused, out of which the applicant allegedly received a share, considering the nature and gravity of the offence, I am not inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the anticipatory bail application of the applicant - Nilesh Manik, involved in Crime No.1014/2025, registered at Police Station Sarkanda, District Bilaspur (CG) for alleged commission of offence punishable under Sections 318(4), 338, 336(3), 340(2), 61(2) of BNS 2023 is rejected. Sd/-Sd S Sd/- (Ramesh Sinha) Chief Justice gouri