1 2026:CGHC:5049 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 138 of 2026 Lalit Singh Thakur S/o Ganesh Singh Aged About 45 Years R/o Ward No.- 07 Lormi Road, Pandariya, District Kabirdham Chhattisgarh ...Applicant versus State Of Chhattisgarh Through The Police Station Pandariya District Kabirdham Chhattisgarh ...Non-applicant For Applicant : Mr. Bidya Nand Mishra with Mr. Varunendra Mishra, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Dy. G.A. Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.01.2026 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. 69/2024 registered at Police Station – Pandariya, District - Kabirdham (C.G.) for the offences punishable under Sections 420, 406 and 120 B of the IPC. 2. As per the prosecution case, on 13.02.2024 at Police Station Pandariya, District Kabirdham on the complaint lodged by Lalit Singh VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.30 10:50:51 +0530 2 Thakur, proprietor of Lalit Hero (Bike) Show Room, Pandariya, against accused persons namely Rahman Mohammad, Kanhaiya Nirmalkar, Chandravan Kosariya, Suraj Yadav and Sunil Kashyap, alleging that accused Nos. 1 to 4, being employees of the said showroom, and accused No. 5, being a local employee of Cholamundalam Investment and Finance Company Limited, in furtherance of their common intention and criminal conspiracy, committed offences of cheating and criminal breach of trust by fraudulently selling motorbikes/scooters to customers, issuing original cash receipts showing full payment, while tampering with carbon copies to falsely reflect lesser down payment and balance amount as financed through EMIs, thereby misappropriating the sale proceeds, and during the period from 20.07.2022 to 22.07.2023, the accused allegedly sold about 100 Hero motorbikes/scooters of different values and embezzled an amount of Rs. 73,40,500/-, leading to registration of offences under Sections 420, 409 and 120-B IPC, filing of charge-sheet under Section 173 CrPC, framing of charges by the learned JMFC, Pandariya in Case No. 473/2024, and the matter is presently pending for evidence. 3. Learned Counsel for the applicant submits that applicant is innocent and has been falsely implicated the complainant and the aggrieved person who has suffered serious commercial loss and damage to the reputation of his business due to cheating and criminal breach of trust committed by accused Nos. 1 to 5, who are already facing trial before the learned JMFC, Pandariya on the basis of the FIR lodged by the applicant and evidence collected by the police; that the learned Court below, while rejecting the anticipatory bail application, has erroneously inferred that the deposit of Rs. 37,01,731/- made by the applicant with 3 Cholamandalam Investment and Finance Company was to save himself from criminal liability, whereas the said deposit was made strictly in pursuance of a Trade Agreement dated 13.01.2022 containing an arbitration clause and during the pendency of arbitration proceedings initiated under the directions of the Hon’ble High Court of Madras, which clearly establishes the civil nature of the dispute between the applicant and the finance company; that giving such civil arbitration proceedings a criminal colour on the sole basis of a memorandum statement of accused No. 5 under Section 173(8) CrPC is unjust, mala fide and intended to dilute the criminal liability of the real accused; that the learned JMFC, Pandariya, vide order dated 23.08.2024 passed in Case No. 249/2024 under Section 175(3) BNSS, has categorically held that the applicant cannot be added as an accused in Crime No. 69/2024 on the same prosecution story, which finding has attained finality after dismissal of the criminal revision by the learned Additional Judge, Kabirdham on 17.01.2025, and that, therefore, any attempt to implicate the applicant as an accused in the same crime is unfair, illegal and an abuse of process of law, particularly when the applicant is a permanent resident of Ward No. 07, Lormi Road, Pandariya, District Kabirdham, is ready to furnish adequate security and undertakes to abide by all conditions as may be imposed by this Hon’ble Court while granting him the benefit of bail. 4. On the other hand, learned State Counsel appearing for the non- applicant/State opposes the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 4 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 that the applicant has no previous criminal antecedents and that the charge- sheet has already been filed, this Court, without expressing any opinion on the merits of the case, finds 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 – Lalit Singh Thakur, 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) 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 her 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 her 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