The court ruled that in commercial disputes falsely framed as criminal matters, anticipatory bail may be granted to protect parties from unjust prosecution.

JUDGMENT :

R.K. PATTANAIK, J.

1. Heard Mr. Mishra, learned counsel for the petitioners, Mr. Panda, learned ASC for the State and Mr. Nayak, learned counsel for the informant.

2. Instant petition under Section 481 BNSS is at the behest of the petitioners seeking grant of anticipatory bail in connection with Lalbag P.S. Case No.229 dated 17^th November, 2024 corresponding to G.R. Case No.679 of 2024 pending in the court of learned S.D.J.M.(S), Cuttack on the grounds stated.

3. The informant lodged a complaint in 1.C.C. No.1148 of 2024 in the Court of learned S.D.J.M.(S), Cuttack alleging therein that the petitioners committed fraud and cheated him to the tune of Rs.2,04,32,000/- (rupees two crores four lakh thirty- two thousand) with details of the transaction having taken place between them being described therein. It has been alleged by the informant that the petitioners received an amount from him in connection with construction work towards improvement and widening of Balugaon-Mahipur Road showing a Government work order, but misappropriated the same and therefore, committed fraud, forgery and cheating. Upon receiving the complaint, the learned court below directed registration of a case. Accordingly, Lalbag P.S. Case No.229 dated 17^th November, 2024 was registered under Sections 318, 336, 338, 296, 351 & 3(5) of BNS. In course of investigation, which is in progress, the petitioners have approached this Court seeking pre-arrest bail on the stated grounds.

4. Briefly stated, the case as unfolded in the FIR dated 17^th November, 2024 is to the effect that the informant is in construction business and he is the Managing Director of M/s. Saubhagya Builders Pvt. Ltd., Cuttack and petitioner Nos.1 & 2 are also in the same business and are Proprietors of M/s. Raja Construction, Nayagarh, who introduced petitioner No.3 with him being the partner of M/s. Raghunath Construction, Nayagarh. According to the informant, the petitioners informed him that M/s. Raghunath Construction had been awarded the work in the widening and improvement of Balugaon-Mahipur Road and asked for help and to provide all of them the men, machines and materials and assured a share in the profit and by that means, received Rs.2,04,32,000/- and thereafter, did not respond, rather, on 31^st July, 2024, he was threatened and terrorized and as a result, the complaint was filed. Such complaint finally resulted in registration of Lalbag P.S. Case No.229 dated 17^th November, 2024.

5. Perused the objection filed by the informant, affidavit of the petitioners and also reply to the same dated 17^th December, 2025 by the informant.

6. According to the informant, the petitioners approached him in his office at Alisha Bazaar, Cuttack and gave impression that if he invested money for supplying labour and in the procurement of materials and further deposited the EMD and APS amount, all of them would share the profit as partners. It has been pleaded by the informant that petitioner No.3 showed him the letter of the Superintending Engineer (R&B Division), Nayagarh intimating M/s. Raghunath Construction, Nayagarh to deposit a bank guarantee towards security and insisted him to transfer money to their account, as a consequence whereof, an amount of Rs.73,41,000/- was transferred to the account of M/s. Raghunath Construction on different dates between 29^th April, 2022 and 10^th February, 2022 from his personal account and also the account of the Firm. Apart from the above, an amount of Rs.50,00,000/- was given in cash to opposite party