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2026 DAILYLAW 36711 (CHH)

AMAN ADVANI v. STATE OF CHHATTISGARH

MCRC/8431/2026 · 2026-09-22

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010349332026 2026:CGHC:41364 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8431 of 2026 * - Aman Advani S/o Jai Kumar Advani, Aged About 25 Years R/o Gali No. - 1, Beside Kali Mandir, Telipara P.S. City Kotwali, District - Bilaspur (C.G.) ... Applicant Versus * - State Of Chhattisgarh Through - Station House Officer, Police Station City Kotwali, District - Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Prabhat Kumar Saxena, Advocate For Non-Applicant/State : Mr. Dharmesh Shrivastava, Deputy Advocate General Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 23/09/2026 1. The applicant has preferred this first bail application under Section 483 of Bharatiya Nagrik Suraksha Sanhita, 2023 as he is in jail since 30.07.2026 in connection with Crime No. 448/2026 registered in Police Station – City Kotwali, District Bilaspur (CG) for commission of offence punishable under Sections 61(2), 317(5), 318(4) & 323 of BNS. 2. As per case of prosecution, an F.I.R. was registered against the present applicant at Police Station City Kotwali, Bilaspur on 29.07.2026 on the ground that between 17.06.2026 and 04.07.2026 a sum of Rs.1,71,035/- was deposited in the bank account of present applicant and subsequently said amount was transferred to different bank accounts or withdrawn from the account. On such complaint, Police registered the offence under BNS as stated above. Digitally signed by RAMESH KUMAR VATTI Date: 2026.09.23 17:55:06 +0530 2 3. Mr. Prabhat Kumar Saxena, learned Advocate appearing for the applicant would submit that the applicant is businessman indulged in manufacturing of Bakery items or gift items. He would contend that one Sakira Begum placed order for supply of Bakery items and transferred a sum of Rs.6,500/- and Manish Biyani also transferred total Rs.1,50,000/- on different dates. He would submit that the applicant has business relation with Sakira Begum and Manish Biyani and a false complaint has been registered. He would contend that the amount so deposited by two persons was withdrawn for purchase of raw material on different dates. He would further contend that the amount received from Sakira Begum and Manish Biyani was never transferred in the bank accounts of other persons. He would submit that charge-sheet has already been filed and the applicant is in jail since 30.07.2026. Thus, he would pray for grant of bail. 4. On the other hand, Mr. Dharmesh Shrivastava, learned Deputy Advocate General appearing for the State/non-applicant would oppose. He would submit that the applicant has criminal antecedents of similar nature registered in the year 2026 and one criminal case of preventive action. He would contend that there is direct allegation of fraud etc. against the present applicant, therefore, bail application deserves to be dismissed. 5. I have heard learned counsel for the parties and perused the case diary. 6. Perusal of case diary and contents of F.I.R. would show that a sum of Rs.6,500/- was transferred by Sakira Begum and Rs.1,50,000/- was transferred by Manish Biyani on different dates for purchase of Bakery items. Both above stated persons have not made any allegation of 3 fraud or cheating, further charge-sheet has already been filed, the applicant is in jail since 30.07.2026 and there are only two criminal antecedents of the present applicant which have been explained properly, therefore, I am inclined to release the applicant on regular bail. Accordingly, the bail application of the applicant is allowed. 7. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned Trial Court, he shall be released on bail on the following conditions:- I. 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/her from disclosing such fact to the Court; II. He shall not act in any manner which will be prejudicial to a fair and expeditious trial; III. He shall appear before the trial Court on each and every date given to him by the said Court till the disposal of the trial; and, IV. He shall not involve himself in any offence of a similar nature in future. 8. The observation made in the course of this order is only for considering the case of the applicant on the application for the grant of regular bail. The concerned trial Court shall not be influenced or bound by any observation made in the course of this order. 9. Certified copy as per rules. Sd/- (Rakesh Mohan Pandey) Judge vatti