GYANENDRA KUMAR VISHWAKARMA v. STATE OF CHHATTISGARH
MCRCA/923/2026 · 2026-06-21
body2026
DailyLaw.ai
[ 2026 DAILYLAW 22741 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 22741 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:25488
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 923 of 2026 Gyanendra Kumar Vishwakarma S/o Ramsagar Aged About 35 Years R/o Village Shahpur P.S. Ramkot Tehsil Sitapur District Sitapur U.P.
... Applicant
versus State Of Chhattisgarh Through- Station House Office Police Station Pandariya District Kabirdham C.G. ... Respondent For Applicant : Mr. K.P.S. Gandhi, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Dy. G.A. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 22.06.2026
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.255/2022 registered at Police Station – Pandariya District Kabirdham (C.G.) for the offences punishable under Sections 420, 34 of the Indian Penal Code. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.06.23 11:27:01 +0530
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2. The prosecution story, in brief is that, the complainant was induced by the accused persons, posing as representatives of Kisan Agro Company, to obtain dealership of fertilizers, seeds and pesticides. On their assurance, the complainant deposited 3,16,000/-including registration and security amount in the company account. Thereafter, neither any goods were supplied nor dealership was provided and the accused persons allegedly became untraceable. On the basis of the complaint, FIR bearing Crime No. 255/2022 was registered at Police Station Pandaria under Sections 420/34 IPC. During investigation, the present applicant was implicated alleging his involvement in the alleged fraud and it is further alleged that he remained absconding during investigation. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that The applicant was merely working as a salesman/employee of the concerned company and had no control over its financial transactions or business decisions. The alleged amount was deposited in the company's account and no part thereof was ever transferred to the personal account of the applicant. There is no material available on record to indicate that the applicant had any dishonest or fraudulent intention from the very inception of the transaction. The case is primarily based on documentary evidence and, therefore, custodial interrogation of the applicant is not necessary. The offences alleged are triable by the Judicial Magistrate First Class and are not punishable with death or imprisonment for life.
The applicant is a permanent resident of the address mentioned in the cause title of the application, has deep roots in society, and there is no likelihood of his absconding
3 or tampering with the prosecution evidence or influencing witnesses. The applicant is ready and willing to cooperate with the investigation and to abide by any condition that may be imposed by this Hon'ble Court. It is further submitted that the learned Sessions Court rejected the application for anticipatory bail without properly appreciating the limited role attributed to the applicant. Grant of anticipatory bail would not prejudice the investigation in any manner and the applicant is entitled to the protection of Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 4. On the other hand, learned State counsel opposed the anticipatory bail application and submitted that a closure report has already been filed in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the nature of the dispute, the material available on record, therefore, without expressing any opinion on the merits of the case, this Court finds it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Gyanendra Kumar Vishwakarma, on executing a personal bond and one local 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
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(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 verified by the trial Court. (e) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav