2026:CGHC:2447 NAFR KUNAL DEWANGAN HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally signed by KUNAL DEWANGAN MCRC No. 249 of 2026 Rahul Yadav S/o Baleshwar Yadav Aged About 32 Years R/o Makarisar, Badali, District Sivan Pre. Add. Bhagwanpur, P.O. Gorkha Thana Kotra Road, Tah. And Distt Raigarh, Chhattisgarh.

... Applicant(s)

versus State Of Chhattisgarh Through S.H.O. City Kotwali, District Raigarh, Chhattisgarh.

... Non-Applicant(s)

For Applicant : Mr. Amit Sharma, Advocate.

For Non-Applicant/State : Mr. Vinod Kumar Tekam, Govt. Advocate.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

15/01/2026

1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 571/2025 registered at Police Station- City Kotwali District- Raigarh (C.G.), for the offence punishable under Sections 318 (4), of BNS.

2. Facts of the case are that it is revealed that on 03.11.2025, the complainant Sushil Pradhan lodged a written report against the applicant alleging that the applicant, who is a broker, facilitated the deal relating to purchase, sale, and financing of a TATA 4018 vehicle bearing registration No. CG-13-AB-9843. On 23.01.2025, financing of the said vehicle was sanctioned in the name of the complainant through Shriram Finance Limited and a loan amount of Rs. 14,40,000/- was credited to his account. The complainant paid a total sum of Rs. 1,45,000/- to the applicant towards down payment, out of which Rs. 80,000/- was paid on 13.01.2025 and Rs. 65,000/- was paid on 09.02.2025. Further, on 24.01.2025, the applicant got an amount of Rs. 4,90,000/- transferred from the complainant’s account to his own account through RTGS from Bandhan Bank, Raigarh, and the complainant himself withdrew an amount of Rs. 9,50,000/- through his own cheque and paid the same to the applicant in cash. Thus, a total amount of Rs. 15,85,000/- was received by the applicant from the complainant; however, not a single rupee out of the said amount was paid to the seller, SAHA Coal, as a result of which the ownership of the vehicle could not be transferred in the name of the complainant. Consequently, the vehicle has been lying at Shankara Motors, Bilaspur (TATA Authorized Service Centre) for the last nine months. It is further revealed that on 24.07.2025, the applicant executed an agreement and affidavit on an e-stamp paper, assuring that the matter would be resolved within one month; however, no resolution has been made till date. On the basis of these allegations, the present offence has been registered against the applicant.

3. Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the present case. He submits that no offence punishable under Section 318(4) of the Bharatiya Nyaya Sanhita is made out against the applicant, even on a bare perusal of the allegations. The story put forth by the complainant is stated to be false and fabricated, as the vehicle in question remained in the possession of the complainant and the dispute, if any, has arisen out of a transaction between the seller and purchaser, which is purely civil in nature, and therefore no ingredients of cheating or forgery are attracted. It is further submitted that the applicant has been in judicial custody since 05.11.2025, and the report was lodged with inordinate and unexplained delay. He further submits that the charge-sheet has already been filed in the present case and the applicant has no previous criminal antecedents. It is also urged that the applicant is ready and willing to return the amount received from the complainant and seeks repossession of the vehicle only for the purpose of settling the dispute, including clearing the outstanding bank loan, by reselling the vehicle. In view of the aforesaid facts and circumstances, he prays that the applicant be enlarged on bail to enable him to amicably re