1 CGHC010242332026 2026:CGHC:29935 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1097 of 2026 1 - Ayush Kumar Lohia S/o Shri Vineet Kumar Gupta Aged About 46 Years R/o I A, O A K Drive Chattarpur (D L F), New Delhi 2 - Vineet Kumar Gupta S/o Late Shri Narain Kumar Gupta Aged About 71 Years R/o 1 A O A K Drive, Chattarpur (D L F), New Delhi. ... Applicant versus State Of Chhattisgarh Through Station House, Officer, Police Station Telibandha, Raipur, District – Raipur, C.G. ---- Non-applicant For Applicant : Mr. Bhaskar Payashi, Advocates. For Non-applicant/State : Mr. Nitansh Jaiswal, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 15.07.2026 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 574/2023 registered at Police Station – Telibandha, Raipur, District – Raipur (C.G.) for the offence punishable under Sections 420, 409 and 34 of the IPC. 2. The case of the prosecution, is that the written complaint was filed by the complainant Vivek Gupta, General Manager of the G.K. Autovehicles Private Limited at the Telibandha Police Station (Raipur), to the effect that the accused, representatives of New Delhi-based RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 company, Zuperia Auto Private Limited, visited the complainant on November 15, 2021, and appointed them as the exclusive distributor for electric vehicles across Chhattisgarh. The following day, the complainant transferred a security deposit of Rs.5,00,000/- and advance vehicle payments via RTGS, thereby initiating their business relationship. However, a dispute arose when the accused company dishonestly withheld and failed to remit government subsidy amounts totaling Rs.4,94,000/- meant for the customers, causing business operations to halt. Consequently, the complainant demanded a full settlement of accounts, which included the Rs.5,00,000/- security deposit, the Rs.4,94,000/- pending subsidy, Rs.3,30,218/- left as a balance in their account, and Rs.52,842/- for warranty claims, accumulating to a total outstanding amount of Rs.13,77,060/-. The prosecution alleges that the accused persons, Ayush Kumar Lohia and Vinit Kumar Gupta, acting with fraudulent and deceptive intent, refused to repay this money, thereby cheating the complainant and committing a criminal breach of trust by misappropriating the entrusted funds, leading to the registration of crime under Sections 420 and 409 read with 34 of the IPC. Hence, this application. 3. It has been argued by the learned counsel for the applicants that the entire dispute between the parties arises out of a commercial dealership between two corporate entities, the disagreement is purely centered around the settlement of accounts, outstanding ledger balances, and claims regarding government subsidies which are entirely civil and commercial in nature. Therefore, he prays for grant of anticipatory bail to the applicants. 3 4. On the other hand, learned State counsel opposes the bail application and submits that the applicants are 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 applicants, and the fact that the entire dispute between the parties arises out of a commercial dealership between two corporate entities, the disagreement is purely centered around the settlement of accounts, outstanding ledger balances, and claims regarding government subsidies which are entirely civil and commercial in nature, at this stage without expressing any opinion on merits, this Court is of the view that the applicants are 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 applicants – Ayush Kumar Lohia and Vineet Kumar Gupta, on executing a personal bond with one surety each in the like sum to the satisfaction of the arresting Officer, they 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 4 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 themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar