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2026 DAILYLAW 33593 (CHH)

AJAY KUMAR NAG v. STATE OF CHHATTISGARH

MCRCA/1392/2026 · 2026-08-23

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1 CGHC010320162026 2026:CGHC:37843 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1392 of 2026 Ajay Kumar Nag S/o Punau Ram Nag Aged About 40 Years R/o 170 K, Ward No. 12, Vishrampuri, District- Kondagaon, (C.G.)- 494228 ... Applicant versus State Of Chhattisgarh Through Station House Office, P.S. Farasgaon Thana, District- Kondagaon, (C.G.) ... Respondent For Applicant : Mr. Pushp Kumar Gupta, Advocate. For Non-applicant/State : Mr. Soumya Rai, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.08.2026 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.51/2026 registered at Police Station – Farasgaon Thana, District- Kondagaon (C.G.) for the offences punishable under Sections 420,467,468,471 120-B & 34 of the IPC. 2. As per the prosecution case, the complainant, who is posted as a Lecturer at Government Higher Secondary School, Bhandarseoni, was VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.25 10:43:38 +0530 2 previously acquainted with the applicant, who is also posted as a teacher. Taking advantage of such acquaintance, the applicant allegedly facilitated the sanction of loans in favour of the complainant from various banks, pursuant to which approximately 60-65% of the sanctioned loan amounts were withdrawn and credited into the complainant’s salary account. Thereafter, an aggregate amount of Rs. 37,81,800/- was allegedly transferred from the complainant’s account to the bank accounts of various firms and connected persons. It is further alleged that, pursuant to an agreement/undertaking executed between the parties, an amount of Rs. 15,89,686/- was deposited into the complainant’s account towards dividend/profits, which initially covered the loan instalments. Subsequently, the loan instalments started being debited from the complainant’s account and exceeded his monthly salary, causing financial and mental hardship to him. On these allegations, the applicant has been accused of facilitating the loan transactions and causing transfer of the aforesaid amount, thereby allegedly committing the offence of cheating. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and that the allegations against him are wholly false and baseless. It is submitted that the complainant himself obtained loans from various banks, transferred approximately 60-65% of the loan amounts into his own bank account and thereafter voluntarily transferred an aggregate amount of Rs. 37,81,800/- to various businesses and connected persons, whereas not even a single penny was transferred to the bank account of the applicant. It is further submitted that the applicant had merely introduced the complainant to certain persons who had earlier 3 assisted the applicant in obtaining loans, pursuant to which the complainant, of his own volition, availed the loans and invested the amounts in various businesses. The complainant had also received an amount of Rs. 15,89,686/- through 22 separate banking transactions towards profit/return, which has allegedly been suppressed by him. Thus, the dispute is essentially financial and commercial in nature and has been given a criminal colour, and there is no material to establish any dishonest or fraudulent intention or mens rea on the part of the applicant. It is further submitted that one of the co-accused has already been granted anticipatory bail by this Hon’ble Court in MCRCA No. 1351 of 2026, and therefore, the applicant is also entitled to the benefit of parity. The applicant is a Government teacher, a permanent resident of Keshkal, District Kondagaon, and the sole earning member of his family; he undertakes to cooperate with the investigation and abide by all the conditions imposed by this Hon’ble Court. 4. On the other hand, learned State counsel opposes the anticipatory bail application and submits that the applicant has three criminal antecedents against him. It is, therefore, submitted that, considering the criminal antecedents of the applicant, he is not entitled to the benefit of anticipatory bail 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, and the material available on record, and further considering the fact that the similarly situated co-accused, namely Sunil Kishore has 4 already been granted anticipatory bail by this Court in MCRCA No. 1351 of 2026 vide order dated 18.08.2026, this Court is of the view that the present applicant is entitled to the benefit of parity. Accordingly, without expressing any opinion on the merits of the case, this Court deems 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 – Ajay Kumar Nag, 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 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