GYANENDRA KUMAR VISHWAKARMA v. STATE OF CHHATTISGARH
MCRCA/953/2026 · 2026-06-28
body2026
DailyLaw.ai
[ 2026 DAILYLAW 23521 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 23521 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:26372
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 953 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 Bodla District Kabirdham C.G. ... Respondent For Applicant : Shri K.P.S. Gandhi, Advocate. For Respondent/State : Ms. Vaishali Mahilong, Dy.G.A. Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 29/06/2026
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.220/2023 registered at Police Station – Bodla District Kabirdham (C.G.) for the offence punishable under sections 420, 34 of Indian Penal Code.
2. Case of the prosecution, in brief, is that complainant Suresh Tiwari alleged that in April 2022 two persons, namely Brijesh Yadav and Gyaneshwar Sharma (present applicant allegedly using changed GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.06.29 20:18:26 +0530
2 name), approached him at Pondi, District Kabirdham, posing themselves as employees of "Kisan Agro Bazaar Company". They induced the complainant to become a distributor of fertilizers, seeds, pesticides and animal feed by assuring salary, commission and supply of goods. On their inducement, the complainant deposited various amounts including membership fee and security amount through cheque and RTGS transactions in the company account. Thereafter despite repeated assurances, no goods were supplied and the accused persons allegedly collected further money on different pretexts. Subsequently, their mobile phones were switched off and the complainant discovered that he had been cheated. Another complainant namely Mukesh Verma also alleged cheating of 65,000/- by the same persons. During investigation, the police traced the involvement of the present applicant and alleged that he absconded after registration of the crime. Accordingly, offence under Section 420/34 IPC was registered at Police Station Bodla, District Kabirdham.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant was merely working as a salesman/field employee and had no role in the financial affairs or business decisions of the company. The alleged transactions were made through banking channels and the case is based entirely on documentary evidence; therefore, custodial interrogation is not required. It is further submitted that no recovery is to be made from the applicant and there is no material to show that he derived any wrongful gain. He would submit that there are two cases registered against the applicant including the present case and in one of the case bearing Crime No.255/2022
3 registered at Police Station Pandariya District Kabirdham (C.G.) for the offences punishable under Sections 420, 34 of the Indian Penal Code, anticipatory bail has been granted to the applicant vide MCRCA No.923/2026 on 22/06/2026. He would submit that the applicant is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Court, applicant is a permanent resident of address mentioned in the cause title and there is no chance of his absconding, therefore he prays to enlarge the applicant 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. She would submit that two cases are registered against the applicant including the present case and in another crime number, anticipatory bail has been granted to the applicant vide MCRCA No.923/2026 on 22/06/2026.
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 nature of allegation levelled against the applicant, further the fact that in another crime number anticipatory bail has been granted to the applicant vide MCRCA No.923/2026 on 22/06/2026 and also considering the fact that investigation and trial are likely to take some time, without commenting anything on the merits of the case, I am inclined to grant anticipatory bail to the present applicant.
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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) 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 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/-
(Ramesh Sinha)
Chief Justice gouri