Khanpara Mayur Chandubhai vs State Of Chhattisgarh

Ramesh Sinha, CJ

This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 313/2025 registered at Police Station - Civil Lines, District - Raipur (C.G.) for the offence punishable under Sections 318 (4), 336 (3), 338, 340 (2) & 61 (2) of Bharatiya Nyaya Sanhita (for short ‘BNS’).

Case of the prosecution in brief is that, complainant namely, Manoj Yadav lodged a complaint in P.S. Civil Lines, District – Raipur alleging that the applicant along with other co-accused persons has committed fraud and cheating with the complainant’s company by using forged and fabricated documents under the garb of their company through Swastik Projects. Based on the report, aforementioned offences were registered by the police and investigation was commenced. Hence, the bail application.

Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the crime in question. He further submits that, against the bail rejection order, the identically situated co-accused, namely, Hemant Lunkad & Punam Chand Lunkad preferred an anticipatory bail applications bearing M.Cr.C.A. No. 1273 of 2025 and M.Cr.C.A. No. 1551 of 2025 before this Court, in which the the co-accused Hemant Lunkad and Punam Chand Lunkad have been granted the benefit of anticipatory bail. Hence, he prays for grant of anticipatory bail to the applicant on the ground of parity.

On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that present applicant is the one of the main accused who, along with co-accused, was operating his forged company on the basis of fabricated documents. He had committed grave offence of cheating with the complainant’s company. Therefore, he is not entitled for grant of bail.

I have heard learned counsel for the parties and perused the case diary.

Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, the fact that co-accused, namely, Hemant Lunkad & Punam Chand Lunkad preferred an anticipatory bail applications bearing M.Cr.C.A. No. 1273 of 2025 and M.Cr.C.A. No. 1551 of 2025 before this Court, in which the the co-accused Hemant Lunkad and Punam Chand Lunkad have been granted the benefit of anticipatory bail, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant.

Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Khanpara Mayur Chandubhai, on executing a personal bond with 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 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.

(d) The applicant and the surety shall submit a copy of their adhaar card alongwith a colored 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.