1 2026:CGHC:1742 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 46 of 2026 • Rohit Singh Tomar S/o Late Omprakash Singh Tomar Aged About 31 Years R/o A-01 Sai Villa, Colony Bhatagaon, Police Station- Purani Basti, Raipur, District Raipur, C.G. (Father Name Wrongly Mentioned In Impugned Order) ... Applicant versus • State Of Chhattisgarh Through Station House Officer Police Station- Devendra Nagar, Raipur, District - Raipur, C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Shobhit Koshta and Mr. Ankur Borkar, Advocate For Respondent/State : Dr. Saurabh Kumar Pandey, Deputy A.G. and Mr. Priyank Rathi, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.01.2026 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.232/2025 registered at Police Station – Devendra Nagar, District – Raipur (C.G.) for the offence punishable under Sections 384, 420, 34 of the Indian Penal Code (IPC). 2. The prosecution story, in brief, is that complainant running the Fancy shop near mahalaxmi market pendri, raipur in the name of VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.14 11:31:43 +0530 2 novelty fancy during 28.08.2021 to 10.10.2021 applicant went to complainant shop along with his elder brother and forcefully took bedsheet, curtain and sofa cover etc which Worth rupees 1050808/- in word (ten lakh fifty thousand eight hundred eight rupees) and threned to complainant that they will vacanted his shop if he demanded money from them, thereafter complainant went to applicant house to received due amount(1050808/- ) from the applicant and his elder brother but applicant and his brother used uttering words against complainant so, he comeback to his house, And after 4 year of the insident when complainant know that the police take action against present applicant and his elder brother, So complainant family member and his well wisher suggested to him to Lodge FIR against present applicant and his elder brother, thereafter complainant went to the police station devendra nagar and lodge FIR against present applicant and his elder brother, a case was registered against the applicant and his elder brother at Police Station - devendra nagar, Raipur district:- Raipur Crime No. 232/2025, under section- 384,420,34 of IPC and the matter was taken up for investigation. 3. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that applicant is having sixteen previous criminal antecedent, and all are mentioned at paragraph 4 of bail application. He further submits that the bail application for crime No.264 of 2025 registered at Police Station Purani Basti, Raipur for offence under Sections 384, 506, 34 of IPC and Section 4 of C.G. Protection of Debtors Act, 1937 has been rejected by this Court in MCRCA No. 1578 of 2025 vide order dated 03.11.2025, thereafter, applicant 3 preferred SLP No.20358 of 2025 order dated 19.12.2025 granted protection from arrest to the present applicant. Copy of the same has been annexed herewith as Annexure-A/3. He also submits that in the present case FIR has been lodged against the applicant after four years of the incident by the complainant. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that applicant has sixteen criminal antecedent, it appears that applicant is a habitual offender, therefore, the applicant is not entitled for grant of anticipatory bail in this case. 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, nature and gravity of allegation leveled against the applicant, and from the perusal of the case diary it transpires that FIR has been lodged after four years of incident, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Rohit Singh Tomar on executing a personal bond with 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 Court. 4 (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 their adhaar card alongwith a colored 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 vaishali