Extracted from the PDF above. The PDF is authoritative.
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CGHC010290862026
2026:CGHC:32965
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1222 of 2026 Vimal Kumar Koshe S/o Late Lallu B Aged About 43 Years R/o Behind Railway Hospital, Ward No. 06, Dongargarh, Tehsil And P.S. Dongargarh, District- Rajnandgaon, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through S.H.O. Utai, District Durg, C.G. ... Respondent For Applicant : Mr. B.P. Singh, Advocate. For Non-applicant/State : Mr. Subham Bajpai, Panel Lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 30.07.2026
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.263/2026 registered at Police Station – Utai District Durg (C.G.) for the offence punishable under Sections 420, 467, 468 and 471 of the IPC. 2. The prosecution story in brief, is that, the complainant, namely Neelkanth Thakur, has lodged a complaint against the present VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.31 10:55:29 +0530
2 applicant, who is posted as Head Constable at Kotwali Police Station, Kawardha, District Kabirdham (Chhattisgarh), and is working as a driver in the Police Department. It is alleged that during the period from 2018 to 2022, the applicant received a total amount of Rs.13,00,000/- from the complainant in different installments, including through online transactions, on the assurance that he would arrange a job for the complainant in the Railway Department, claiming that he had good relations with the officers of the said department. It is further alleged that despite receiving the aforesaid amount, the applicant failed to provide the promised employment. When the complainant demanded return of his money, the applicant allegedly returned an amount of Rs.2,00,000/- and thereafter issued a cheque for Rs.3,00,000/-. However, the applicant informed the complainant that there was insufficient balance in his bank account and requested him not to present the said cheque for encashment. Subsequently, when the complainant approached the residence of the applicant for recovery of the remaining amount, the applicant's wife allegedly misbehaved with him. Thereafter, the complainant lodged the complaint against the present applicant alleging cheating and misappropriation of the amount paid by him on the assurance of securing employment in the Railway Department. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case.
It is contended that the FIR has been lodged after an inordinate delay of more than four years without any satisfactory explanation. The complainant had earlier submitted a complaint dated 13.05.2025 before the DGP, Raipur, alleging that the applicant had taken Rs.13,00,000/- from him
3 since 2018-2019 for securing a railway job and had returned Rs.2,00,000/- through his elder brother; however, subsequently, by his application dated 20.02.2026, the complainant voluntarily withdrew the said complaint without any fear, coercion or pressure and requested that the same be disposed of. It is further submitted that the complainant is working as a contractual employee at AIIMS, Raipur since 2021 and, being about 35 years of age, had already crossed the prescribed age limit for government employment, thereby rendering the alleged promise of securing such employment doubtful. The applicant further submits that the complainant had paid approximately Rs.4,00,000/- to him in installments in connection with a proposed land transaction, which amount was subsequently returned by the applicant through online transactions. It is also contended that the complainant had initially approached the IG, Rajnandgaon Range, and had informed him that he had withdrawn his complaint, but suppressed this material fact while subsequently approaching Police Station Utai, District Durg, with a mala fide intention to falsely implicate the applicant. The applicant further submits that he never sent any examination result to the complainant and that the alleged examination result was fabricated and prepared by the complainant himself and thereafter supplied to the police. With regard to the alleged cheque, it is submitted that the same had been given to Mahindra Finance as a security cheque in connection with the proposed purchase of a vehicle by the applicant, which transaction did not materialize, and as the complainant was known to the applicant, he had requested him to receive the said cheque from Mahindra Finance; the complainant thereafter misused the cheque and falsely represented that it had been issued in his
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It is further contended that the complainant was fully aware that the cheque was not issued in his favour and, therefore, never presented the same for encashment. Lastly, it is submitted that the applicant is a government employee and the sole earning member of his family, which is dependent upon his income, and his incarceration would cause serious hardship to his family, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicant. 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 of the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, this Court, without expressing any opinion on the merits, 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 – Vimal Kumar Koshe , 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 acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he shall appear before the trial Court on each
5 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