1 2026:CGHC:15607 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 495 of 2026 • Mo. Mahabub Aalam @ Mintu S/o Lt. Sarfuddin Aalam Aged About 47 Years R/o Village- Dugdugiya Kunkuri P.S. Kunkuri District- Jaspur (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through The Station House Officer, Police Station Kunkuri Dist- Jaspur (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Shivam Mishra, Advocate For Respondent(s) : Mr. Sourabh Sahu, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06/04/2026 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.98/2020 registered at Police Station – Kunkuri, District: Jashpur, C.G. for the offence punishable under Sections 420 and 120(B) of Bhartiya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that Regarding the principal accused, Sarvesh Tiwari-the complainant in this case, Fede, stated that in the year 2019, Sarvesh informed him that he had purchased a VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.07 11:10:06 +0530 2 tractor- trolley by making a cash down payment of 60,000 to a ₹ finance company. Sarvesh claimed that the tractor-trolley was being seized and that his 60,000 investment would be lost. Acting in ₹ collusion with other co-accused persons in this case, Sarvesh persuaded the complainant, Fede, to act as a guarantor; he took Fede to a Mahindra tractor showroom, completed the necessary paperwork, and-by obtaining Fede's signature in the space designated for a photograph-managed to procure a total of five blank cheques from the Chhattisgarh State Gramin Bank. It was only upon receiving a notice regarding the payment of loan installments that the complainant first became aware that a loan had been taken out in his name, and that he the complainant would be liable to repay the entire loan amount of 8,83,136. Through deceit and by keeping him ₹ in the dark regarding his true status as a borrower (while ostensibly making him a guarantor), the principal accused, Sarvesh Tiwari- acting in concert with the other co- accused-fraudulently arranged for the aforementioned tractor to be financed in the complainant's name. regarding the applicant/accused in this case-Md. Mahbub Alam (alias Mintu)-while serving as a manager at the Mahindra showroom in Kunkuri, the accused Mintu (alias Mahbub Alam) colluded with the principal accused, Sarvesh Tiwari. By deceiving the complainant, Fede-under the pretext that he was merely acting as a guarantor for the tractor-they fraudulently arranged for the tractor's financing and also obtained cheques from the complainant. Despite being fully aware of these facts, the accused Mintu-acting in collusion with his co-accused accomplices-perpetrated an act of fraud against the complainant under the guise of tractor financing. 3 3. Learned counsel for the applicant submitted applicant is innocent and has falsely been implicated in the present case. He further contended that name of the applicant is not mentioned in the FIR and main allegations levelled against the main accused, and present applicant was implicated only on the basis of memorandum statement of the co-accused. He further contended that charge-sheet was not submitted against the applicant and therefore, he submits that the present applicant is also entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail to the applicant and submits that applicant has no criminal antecedent. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submission of learned counsel for the parties, materials available on record, considering the fact that applicant has no criminal antecedent and applicant’s name not mentioned in the FIR, therefore, 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 – Mo. Mahabub Aalam @ Mintu on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he 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 4 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 their 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/- (Ramesh Sinha) Chief Justice Vaishali