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2026 DAILYLAW 34719 (CHH)

VIJAY SIDARA v. STATE OF CHHATTISGARH

MCRCA/1458/2026 · 2026-09-02

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 CGHC010341362026 2026:CGHC:39106 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1458 of 2026 Vijay Sidara S/o Late Hariram Sidara Aged About 40 Years R/o Maharani Vidyalaya Dayalband P.S. City Kotwali, District- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer P.S. City Kotwali, Bilaspur, District- Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Shakti Raj Sinha, Advocate. For Non-applicant : Ms. Anusha Naik, Deputy GA. Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board 03/09/2026 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.275/2026 registered at Police Station City Kotwali, KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.09.05 11:46:56 +0530 2 Bilaspur District Bilaspur, (C.G.) for the offence punishable under Sections 318 (4) & 3 (5) of the BNS. 2. The prosecution story, in brief, is that complainant Sarvesh Kumar Kashyap intended to sell his Glanza car bearing registration No. CG-04-MT-0027 for ₹5,11,000/- for meeting the medical expenses of his mother. On 07.09.2025, the complainant was taken to Raipur by present applicant, who introduced him to co-accused Sanjay Mahananda as the purchaser. A sale agreement was executed for ₹5,11,000/-, pursuant to which the complainant delivered the vehicle to Sanjay Mahananda. However, the complainant was paid only ₹60,000/- and the remaining amount of ₹4,51,000/- was not paid despite repeated demands, and the accused persons allegedly evaded and threatened the complainant. Thus, the allegation is that the complainant was cheated by the applicant and co- accused in respect of the sale consideration of his vehicle. Hence, the present anticipatory bail application. 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 there is no direct allegation of having received or retained the alleged sale consideration of ₹4,51,000/- against him. The vehicle in question, which is the subject matter of the alleged transaction, has already been recovered and the complainant has obtained the same on Supurdnama on 02.07.2026. Therefore, the vehicle is no longer required to remain in the custody of the 3 prosecution and no further recovery is required from the applicant. The applicant has cooperated with the investigation and there is no likelihood of his absconding or tampering with the prosecution evidence. The material witnesses and their statements/evidence can be duly considered during trial. Hence, it is prayed that the applicant may be granted anticipatory bail. 4. On the other hand, learned counsel appearing for the non- applicant/State opposes the anticipatory bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the submissions made by learned counsel for the parties, the nature of allegations levelled against the applicant, the material available on record, the fact that the vehicle in question, which is the subject matter of the alleged transaction, has already been recovered and the complainant has obtained the same on Supurdnama on 02.07.2026, without commenting anything on the merits of the case, this Court is of the considered opinion that the applicant deserves to be enlarged on anticipatory bail. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Vijay Sidara, he shall be released on anticipatory bail on his furnishing a personal bond in the sum of Rs.50,000/- with one surety to the satisfaction of the Arresting Officer, subject to the following conditions:- (a) The applicant shall not directly or indirectly make any 4 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/- (Ravindra Kumar Agrawal) Judge Barve