1 2026:CGHC:22038 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 712 of 2026 • Mohammad Saji Ur Rashid S/o Mohammad Gousul Rashid Aged About 39 Years R/o- House No. 65, Anant Vihar Colony Mova, Raipur, District - Raipur (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through Station House Officer, Police Station - Khamhardih District Raipur (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Ms. Fouzia Mirza, Senior Advocate with Mr. Ali Afzal Mirza, Advocate For Respondent(s) : Ms. Sameeksha Gupta, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11/05/2026 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.128/2026 registered at Police Station – Khamhardih District: Raipur, C.G. for the offence punishable under Sections 318(4), 319(2) of Bhartiya Nyay Sanhita, 2023. 2. The case of the prosecution in brief is that, the complainant made a written complaint before the police station Khamhardih, district Raipur commissionerate, the complainant was informed about the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.05.12 18:36:15 +0530 2 applicant by the complainant's brother Manish Shrivastava and Gaurav Shrivastava. The complainant met the applicant near OCM Chowk. The applicant does the work of admission of the students in the University for the purpose of distance education courses, he portrayed himself as the admission in-charge of the Kalinga University and he had gained confidence by both the families by explaining them and influential way of getting admission in the said University, as both the persons of the family were interested in getting admission in the courses of LL.M. and MBA and they were continuously asking the complainant to have a conversation with the applicant, and therefore in order to check and get satisfied the complainant on 07.04.2025 had a conversation with the applicant, who convinced the complainant in a fraudulent manner on 07.04.2025 the applicant asked both the persons to fill the forms and kept their original documents (T.C., Migration & original mark sheets of 10th & 12th) and the applicant thereafter asked for the fee amount for his service and seeing that both the persons were eager to get admission in the said courses, they asked the complainant to transfer the fee amount in the account of the complainant by way of UPI, that was sent from the Bank Account of Punjab National Bank Shailendra Nagar Branch Raipur belonging to the complainant, on 09.05.2025 Rs. 75,000/-, On 10.05.2025 Rs. 75,000/- & on 12.05.2025 Rs. 70,000/-, thereby sending an aggregate total of Rs. 2.20.000/- in the account of the applicant. Thereafter when they asked for the receiving of the University the applicant told them as it is distance education course the documents relevant to the students would be received at their home, ID and receipt would be received by way of postal services directly from the University. That in the month of September no documents were received and even after filling the 3 form and paying the relevant fees to the applicant, which raised suspicion that the applicant is not the admission incharge of the Kalinga University and that for the next session of 2025 the distance education course has not been permitted to the University and the fact that both the courses, in which the form has been filled or not permitted in the University. Thereafter the complainant made a written complaint before the police Station Khamhardih, District Raipur Commissionerate (C.G.) against the applicant, which was FIR registered under the crime no. 128/2026 for the offences punishable U/s 318(4), 319(2) of B.N.S. 2023. Copy of the FIR bearing crime no. 128/2026 is annexed herewith as Annexure-A/2. 3. Learned counsel for the applicant submitted applicant is innocent and has falsely been implicated in the present case. It is further contended that the applicant runs a consultancy services for the admission of the students in the University and when the complainant had approached with regard to the admission of the students the applicant had given requisite details of the procedure and told them his consultancy fees amount for holding the students with respect to the admission procedure and helping them submit their form along with relevant academic documents. She also submits that the applicant had returned the money to the account from which the fee amount was received. That on 16.04.2026 Rs.90,000/0, on 17.04.2026 Rs.1,00,000/- and on 20.04.2026 Rs.30,000/- was sent by way of UPI to the complainant. Copies of the money received from the complainant are collectively filed along with bail application as Annexure-A/4. She also submits that there is a delay of 11 months 6 days in lodging the FIR by the complainant and no reason for delay in reporting by the complainant has been explain in the said FIR, 4 therefore, he 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 to the applicant. 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 there is a delay of 11 months 6 days in lodging the FIR by the complainant and applicant had returned the money to the account from which the fee amount was received. That on 16.04.2026 Rs.90,000/0, on 17.04.2026 Rs.1,00,000/- and on 20.04.2026 Rs.30,000/- was sent by way of UPI to the complainant. Copies of the money received from the complainant are collectively filed along with bail application as Annexure-A/4, 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 – Mohammad Saji Ur Rashid 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 Court. (b) The applicant shall not act in any manner which will be 5 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 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 Vaishali