1 2026:CGHC:18730 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 607 of 2026 Mohd. Imran Nawab S/o Mohd Ishak Nawab Aged About 42 Years Resident Of P-1 Agrasen Nagar Kapis Villa Agroha Colony D.D. Nagar Raipur District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer Police Station Maudhapara District- Raipur (C.G.) ... Respondent For Applicant : Mr. Nimesh Kumar Jha, Advocate. For Non-applicant/State : Ms. Anusha Naik, Dy. G.A. For Objector : Mr. Hemant Kumar Agrawal, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.04.2026 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. 63/2026 registered at Police Station – Maudhapara District - Raipur (C.G.) for the offences punishable under Section 420, 406, 506 of the IPC. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.23 17:53:47 +0530 2 2. The prosecution story in brief is that on 28.03.2026, the complainant Mohd. Shahnawaz lodged report at Police Station, Maudahapara, Raipur, alleging therein that the complainant and applicant are well known to each other and due to previous business relationship, the applicant has proposed to sale commercial vehicle H.D.D. Machine bearing registration no. GD-320-LS-32T Chesis No. DCB0694 Engine No. 78749078 to the complainant in total consideration amount of Rs. 39,00,000/- The applicant has obtained the entire consideration amount of Rs. 39,00,000/- from the complainant as per his requirement by way of cash and by way of bank transfer and assured to provide the possession of said commercial vehicle to the complainant. The complainant asked the applicant many times for providing the possession of commercial vehicle, but the applicant avoided to provide the same. Later on the complainant came to know that the applicant has sold out the said commercial vehicle to other person and after knowledge of same, the complainant made complaint, therefore the applicant has given assurances to return the consideration amount and an agreement to this effect was executed between the complainant and applicant on 03.04.2024 and on that day, the applicant has given 8 cheques to the complainant. Thereafter the applicant has requested the complainant for not presenting the cheques before the bank and he will given cash money to the complainant, but the applicant has not given the cash amount to the complainant, thus the applicant has committed fraud, cheating and criminal breach trust with the complainant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is further submitted that as he has never received any amount of Rs.39,00,000/- from the 3 complainant for the sale of any commercial vehicle. In fact, the applicant is a partner of M/s Hindustan Infra Solution & Engineering and was engaged in a business relationship with the complainant, during which he had borrowed a sum of Rs.21,50,000/- for business purposes, out of which a substantial amount has already been repaid through cash and online transactions, duly recorded in a diary signed by both parties. It is further submitted that the said loan was interest- free, however, the complainant later unlawfully imposed interest and a penalty of Rs.5,000/- per day and began harassing and pressurizing the applicant for additional payments. The complainant, without the applicant’s knowledge, prepared an agreement dated 03.04.2024 relating to the sale of a commercial vehicle and also obtained a cheque from the applicant to falsely legitimize the claim, despite not holding any valid money-lending license. Prior to the registration of the present FIR, the applicant had already lodged complaints before Police Station Purani Basti and the Senior Superintendent of Police, Raipur, and subsequently filed a complaint case before the learned JMFC, Raipur, which is still pending; the present FIR has been lodged as a counterblast to the said proceedings. It is further submitted that no ingredients of cheating, fraud, or criminal breach of trust are made out against the applicant and the dispute, if any, is purely civil in nature, which has been given a criminal colour, as reiterated by the Hon’ble Supreme Court in Sachin Garg v. State of U.P.. The applicant is a reputed person and permanent resident with sufficient movable and immovable property, and his arrest would cause irreparable harm to his reputation. He undertakes to fully cooperate with the investigation and 4 is ready to abide by all conditions that may be imposed by this Hon’ble Court while granting bail. 4. On the other hand, learned counsel for the State as well as learned counsel for the objector opposed the anticipatory bail application of the applicant. 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 of the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, this Court, without expressing any opinion on the merits, 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 – Mohd. Imran Nawab, 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. 5 (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