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2026 DAILYLAW 2084 (CHH)

NARESH BHIMNANI @ KALLU SINDHI v. STATE OF CHHATTISGARH

MCRCA/350/2026 · 2026-03-02

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Judgment text

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1 2026:CGHC:11036 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 350 of 2026 • Naresh Bhimnani @ Kallu Sindhi S/o Ramesh Bhimnani Aged About 38 Years R/o Ward No. 9, Janghel Health Club Pahadi Lodhi Para, Gudhiyari , Raipur District- Raipur (C.G.) ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Gudhiyari , District- Raipur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Sachin Nidhi, Advocate For Respondent/State : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/03/2026 1. This is the first bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of anticipatory bail to the applicant who is apprehending his arrest in connection with Crime No.16/2026 registered at Police Station Gudhiyari, District-Raipur (C.G.) under Sections 308(4) of BNS and 4 of C.G. Protection of Debtors Act, 1937. 2. Case of the prosecution, in brief is that the Complainant Ghasiyaram Sahu on 15/01/2026 lodged a report against the applicant that, the son of the complainant namely Bharat @ Raja Sahu drank phenyl VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.03.03 18:48:34 +0530 2 after being fed up from the torture done by the complainant for recovering the money and the interest lent to him by the applicant and because of the same his son is admitted to Mekahara, Raipur. 3. Learned counsel for the applicant submits that the present applicant is innocent person and he has been falsely implicated in this case. It has argued by learned counsel for the applicant that applicant and Bharat @ Raja Sahu were friends and due to lack of knowledge on the part of complainant, the present FIR was lodged by the complainant and upon learning the truth, the complainant has also given no objection before the trial Court. He further submits that there was no relation of money between the applicant and the son of the complainant, no money was lent by the applicant to son of the complainant. He further submits that investigation and the conclusion of the trial is likely to take some time, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, the learned State counsel appearing for the respondent/State opposes the bail application and submits that applicant has eight criminal antecedents and same are already explained at paragraph No.4(A) in the bail application. Therefore, the applicant is not entitled to be released on anticipatory bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and considering the fact that complainant has also given no objection before the trial Court, investigation and the conclusion of the trial is likely to take some time, therefore, this Court is of the view that the applicant is entitled to be released on anticipatory bail in this case. 3 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Naresh Bhimnani @ Kallu Sindhi 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. (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