1 2026:CGHC:1461 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 39 of 2026 Rohit Mittal S/o Late Shri Naresh Kumar Mittal Aged About 43 Years R/o F- 301, Old Bhilai Durg Maruti Lifestyle, Mohbabazar, Raipur, District Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Old Bhilai, Durg, District Durg, Chhattisgarh ... Respondent For Applicant : Mr. Bhaskar Payashi, Advocate. For Non-applicant/State : Mr. Dharmesh Shrivastava, Dy. A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.01.2026 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 Crime No. 465/2025 registered at Police Station – Old Bhilai Durg District - Durg (C.G.) for the offences punishable under Sections 406 and 420 of the IPC. 2. The prosecution story in brief is that the complainant Vinay Kumar Vishwa approached Police Station on 22.11.2025 with written complaint VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.09 16:51:50 +0530 2 to the effect that Vikash Kumar Mittal being Director of the Company styled as "Wire Injection Technology Private Limited" established in the year 2019 had committed cheating of Rs.70 Lacs, which resulted in financial loss to the Company, inter-alia, stating that Mobile Number of co-accused (Vikash Kumar Mittal) was registered for operating account of the company and, therefore, OTP and SMS were received mobile number of co-accused. It was further stated that co-accused had paid Rs.70 Lacs to Shri Kesari Nandan Steel (Proprietorship firm of present applicant). It was also stated that identical complaint was made earlier on which police station Bhilai-3 had proceeded under Section 174 of the BNSS and suggested to approach competent Court of law. Further, on this occasion Police Station Old Bhilai had registered the offences punishable under Section 406 and 420 of the IPC against the co- accused Vikash Kumar Mittal and present applicant on the same day i.e. 22.11.2025, without investigating the allegations leveled by complainant which were found non cognizable on earlier occasion and complainant was directed to approach competent Court of law for his grievances, if any. Copy of FIR No.465/2025 registered by Police Station Old Bhilai, Durg. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits in the present case, which essentially arises out of a purely commercial and civil dispute. The facts reveal that in January, 2024, supply orders for CRCA Strips worth Rs.3.50 crores were placed with the proprietorship firm of the applicant, pursuant to which advance payments of Rs.60 lakhs and Rs.10 lakhs were made through RTGS, duly authorized and signed by the complainant and his associate. 3 Despite repeated requests by the applicant to lift the material and make the balance payment, the complainant avoided taking delivery on the pretext of lack of storage space and ultimately refused to lift the goods when the market price of steel declined, causing the applicant to suffer a huge financial loss, as he was constrained to scrap the material. Though the advance amount stood adjusted against the losses, the complainant, with mala fide intention and to settle internal disputes relating to capital investment and shareholding with co-accused Vikash Kumar Mittal, lodged repeated complaints on identical facts with varying dates, which clearly demonstrates abuse of the criminal process to give a criminal colour to a civil transaction. Even earlier, the police, after due inquiry, had proceeded under Section 174 of BNSS and advised the complainant to approach the competent civil court, yet subsequently, without any fresh material, offences under Sections 406 and 420 IPC were registered mechanically. The applicant is a permanent resident of Raipur, has deep roots in society, and there is no likelihood of his absconding. Hence, the present prosecution is nothing but an attempt to misuse the criminal law for recovery of money, and the applicant deserves indulgence of this Hon’ble Court. 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the nature of the dispute and the material available on record, and in view of the fact that the 4 similarly situated co-accused, namely Vikash Kumar Mittal, has already been granted bail in MCRCA No. 1955 of 2025 vide order dated 12.12.2025, this Court finds that the present applicant is entitled to the benefit of parity. Therefore, without making any further comment on the merits of the case, this Court deems 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 – Rohit Mittal, on executing a personal bond and one local 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. (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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav