Extracted from the PDF above. The PDF is authoritative.
1
2026:CGHC:15149
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 483 of 2026 Bharat Gupta S/o Late Ram Niranjan Gupta Aged About 48 Years R/o Flat No. 206, Sai Sharan Apartments, Vyapar Vihar, Tahsil And District Bilaspur, C.G.
... Applicant versus State Of Chhattisgarh Through Police Station Civil Lines, Tahsil And District Bilaspur, C.G.
... Respondent For Applicant : Shri Ashish Shrivastava, Sr. Advocate with Shri Rahul Ambast, Advocate. For Respondent/State : Ms. Vaishali Mahilong, Dy.G.A.
Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 01/04/2026
1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.02 11:14:36 +0530
2 Crime No.92/2026 registered at Police Station – Civil Lines, Tahsil And District Bilaspur (C.G.) for the offences punishable under Sections 61(2), 318(4), 336(3), 338, 340(2), 3(5) of BNS, 2023.
2. Case of the prosecution, in brief, is that the applicant/accused was approached by one Teerathraj for purchase of a JCB vehicle owned by Raj Dewangan, which was under finance. It is alleged that an oral agreement was entered into with assurance that the loan would be cleared and ownership transferred thereafter. It is further alleged that the applicant arranged funds through a broker, Baba Khan, who introduced the complainant Shahnawaz Khan, from whom certain amounts were transferred via RTGS. The applicant claims to have paid the said amounts to Teerathraj and also made partial payments towards loan installments, and issued a cheque as security. However, the complainant alleges that despite receiving substantial amount, the applicant neither cleared the loan nor transferred ownership, and forged documents were used in the transaction. It is further alleged that the applicant, in connivance with others, committed fraud causing financial loss to the complainant. On the basis of the said complaint, FIR bearing Crime No. 92/2026 has been registered at Police Station Civil Lines, Bilaspur for offences punishable under Sections 61(2), 318(4), 336(3), 338, 340(2), 3(5) of BNS, 2023 and the matter is under investigation.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in a false and fabricated case. He would submit that the alleged incident pertains to 05.06.2025, whereas the FIR was lodged after an inordinate delay of more than six months,
3 which clearly indicates an afterthought. It is further submitted that the dispute, if any, is purely civil in nature relating to monetary transactions and has been given a criminal colour. He would submit that co-accused Baba Khan has been granted bail, the applicant is a permanent resident of address mentioned in the cause title and there is no likelihood of absconding, the applicant undertakes to abide by any conditions imposed by this Court, therefore, he submits that the present applicant is entitled to be released on anticipatory bail.
4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. She would submit that the applicant has one criminal antecedent of the year 2016.
5. Considering the facts & circumstances of the case, submission of
learned counsel for the parties, materials available on record, considering the nature of allegation levelled against the applicant and also considering the fact that investigation and trial are likely to take some time, without commenting anything on the merits of the case, I am inclined to grant anticipatory bail to the present applicant.
6. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Bharat Gupta, on executing a personal bond and 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) The applicant 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) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant 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 his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha)
Chief Justice
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