Vishesh Agrawal vs. State Of Chhattisgarh

Held

The High Court allowed the anticipatory bail application. The Court considered the facts and circumstances, the submissions made, particularly the nature of the dispute, the quality of evidence, and the backdrop of the case. Without commenting on the merits, the Court was of the opinion that the applicant deserved anticipatory bail. Consequently, the applicant was directed to be released on bail upon executing a personal bond of Rs. 1,00,000/- with one surety, subject to several conditions, including not inducing witnesses, not acting prejudicially to the trial, appearing before the trial court after charge sheet filing, not involving himself in similar offenses, and making himself available for interrogation. The Court did not expressly leave any issue undecided.

Facts

The applicant, Vishesh Agrawal, sought anticipatory bail in connection with a criminal case registered under Section 420 IPC. The prosecution alleged that the complainant, a CSEB contractor, advanced Rs. 1,67,00,000/- to the applicant's firm, Sonal Enterprises, for electric goods in 2021. The applicant allegedly did not supply the goods but submitted bogus bills, leading the GST Department to impose a penalty of Rs. 65,00,000/-. The applicant had refunded Rs. 1,06,00,000/-, with a balance of Rs. 41,00,000/- remaining. The applicant contended that the dispute was civil in nature, arising from a business transaction, and that all bills and receipts were accounted for in the complainant's audit report. A legal notice had also been sent.

Key Issues

1. Whether the applicant is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure, considering the allegations of cheating and the nature of the dispute. Petitioner's Arguments: The applicant argued that he is innocent and falsely implicated. He contended that the dispute is purely civil, stemming from a business transaction, and that the criminal case was filed to arm-twist for recovery of the remaining amount. He highlighted that the complainant's firm's audit report included all bills and receipts, and a legal notice was sent, suggesting the matter was being addressed through civil means. The applicant sought anticipatory bail based on these submissions. Revenue/State's Arguments: The State opposed the prayer for anticipatory bail.