1 2026:CGHC:1740 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 52 of 2026 • Atul Kumar Dubey S/o Satendra Dubey Aged About 29 Years R/o D.C. Road, Near Human Mandir, Mahaveer Ward, Ambikapur, P.S. Kotwali Ambikapur, Distt. Surguja, Chhattisgarh. ... Applicant versus • State Of Chhattisgarh Through Station House Officer P.S. Ambikapur Dehat (Gandhinagar), Distt. Surguja, C.G., (Wrongly Mentioned As Gandhinagar In The Order Sheet) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Aashish Gupta, Advocate For Respondent/State : Mr. Amit Verma, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/01/2026 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 Officer- Ambikapur Dehat, Gandhinagar District- Surguja (C.G.) for the offences punishable under Sections – 296, 338, 339, 61(2)(b) of BNS, 2023 and Section 4 of Chhattigarh Protection of Debtors Act, 1937. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.13 11:46:04 +0530 2 2. As per the case of the prosecution, 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 FIR was lodged on 26.07.2025 inter-alia on the allegation 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 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 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 3 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 was co-accused Anupama Singh and registered against the 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 26.12.2025). Charge-sheet is yet to be filed and matter is being investigated by the police of Police Station Ambikapur Dehat. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submits that FIR goes to show that there is a dispute between the complainant Smt. Lka Singh and co-accused Anupama Singh regarding their debt and demand of the debt amount and neither name of the present applicant was mentioned in the allegation made by the complainant in FIR nor he was named in the FIR. He also submits that there is no involvement of the present applicant in crime in question. He also submits that co-accused namely Anuj Singh and another have been granted regular bail by this Court in MCRC No.8542 of 2025 vide order dated 08.12.2025 and another co- accused namely Vikas Kumar Mishra has been granted anticipatory bail by this Court in MCRCA No.1886 of 2025 vide order dated 02.12.2025. Further, investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail on the ground of parity. 4 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, submissions made by learned counsel for the parties and also considering the fact that co-accused namely Anuj Singh and another have already been granted regular bail by this Court in MCRC No.8542 of 2025 vide order dated 08.12.2025 and another co- accused namely Vikas Kumar Mishra has also been granted anticipatory bail by this Court in MCRCA No.1886 of 2025 vide order dated 02.12.2025, the conclusion of the trial is likely to take some time, without commenting anything on merits, this Court is of the view that the applicant is entitled to be released on bail in this case on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Atul Kumar Dubey, 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) 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 5 verified by the trial Court. (e) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali