1 2026:CGHC:2025 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 59 of 2026 Sumit Tiwari S/o Anil Tiwari Aged About 25 Years R/o Dhobipara, Patpariya, PS Gandhinagar, Tehsil Ambikapur, District Surguja (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer Police Station Ambikapur Dehat (Gandhinagar), District Surguja (C.G.)(Wrongly Mentioned As Gandhinagar In The Order-Sheet) ... Respondent For Applicant : Ms. Seema Verma, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13/01/2026 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.423/2025 registered at Police Station –Ambikapur Dehat (Gandhinagar), District - Surguja (C.G.) for the offences punishable under Sections 296, 338, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.14 16:40:10 +0530 2 339, 61(2)(b) of Bharatiya Nyaya Sanhita, 2023 and section 4 of Chhattisgarh Protection of Debtors Act, 1937. 2. Case of the prosecution, in brief, is that the first information report of the incident has been lodged by one Smt. Alka Singh in respect of the incident alleged to have been taken place in between 07.07.2023 to 11.06.2025. The first information report was lodged on 26.07.2025 inter-alia on the allegations that the applicant are the money lender and they have committed an offence under section 4 of Chhattisgarh Protection of Debtors Act, 1937. It is alleged that the complainant had borrowed Rs.13 lacs from co-acussed Anupama Singh and out of the said amount Rs.11,82,000/- has already been refunded and now Anupama demanding 18 lacs more. It has been further alleged that for payment of the said amount, the complainant is being harassed. It has been further alleged that 6 blank cheques signed by the complainant and her husband have been used for the said amount and those cheques have been misused. It has been further alleged that a forged agreement was got executed. The complainant has denied the signature over the said agreement. It has been further alleged that the blank cheques have been issued for recovery of the amount of Rs. 30 lacs and it is also alleged that the co-accused Anupama Singh is demanding 10% monthly interest on the aforesaid amount. It is also alleged that messages and conversation between the complainant and co-accused Anupama Singh has been recorded by her and she is using the same by sending it to relatives and friends of the complainant and also uses to abuse in filthy languages by telephonic call. It is further alleged that due to mental harassment by the co-accused, the complainant is taking treatment/counseling by psychiatrist. It is further 3 alleged that co-accused Anupama Singh came to the house of the complainant in the month of May, 2024 and subsequently looted the documents file by snatching from the hand of the complainant and threatened her to refund the same if and when she will give her the aforesaid amount otherwise she will destroy it. On the basis of report lodged by the complainant Smt. Alka Singh, the first information report bearing Crime No. 423/2025 for the offence punishable under Section 296 of Bharatiya Nyaya Sanhita, 2023 and Section 4 of Protection of Debtors Act, 1937 registered against the co-accused Anupama Singh and investigation was initiated. It is further respectfully submitted by the applicant that perhaps during investigation, some other sections 338, 339, 61(2)(b) of Bharatiya Nyaya Sanhita, 2023 have been inserted in this case (which reflects from the impugned bail rejection order dated 19.12.2025). Charge-sheet is yet to be filed and matter is being investigated by the police of Police Station Ambikapur Dehat (Gandhinagar), District Surguja (C.G.). 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated; he has not committed any offence. She would submit that a bare perusal of the FIR shows that the dispute is purely monetary between the complainant and co-accused Anupama Singh; the applicant is neither named nor any allegation is made against him in the FIR and the applicant is neither a moneylender nor a witness to any agreement; his implication is malafide and only to create pressure. She would submit that prior to lodging of the FIR, complaints under Section 138 of the Negotiable Instruments Act were already filed against the complainant and her husband, and cognizance has been taken by the learned Magistrate. She would submit that the dispute is 4 purely civil in nature relating to recovery of money, which has been given the colour of a criminal offence and the FIR has been lodged after issuance of summons in the Section 138 proceedings. She would submit that co-accused Atul Kumar Dubey has been granted anticipatory bail by this court in MCRCA No.52/2026 on 12/01/2026, therefore, she submits that the present applicant is also 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. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submission of learned counsel for the parties, materials available on record, considering the fact that co-accused Atul Kumar Dubey has been granted anticipatory bail by this court in MCRCA No.52/2026 on 12/01/2026 and also considering the fact that investigation and trial are likely to take some time, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant –Sumit Tiwari, 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:- (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 5 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 gouri