Vivek Dadsena vs State Of Chhattisgarh

The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS'), for grant of regular bail, as he has been arrested in connection with Crime No.267/2026, registered at Police Station Champa, District Janjgir-Champa (C.G.), for the offence punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS').

Case of the prosecution, in brief, is that the complainant-Chandra Prakash Jaiswal lodged an FIR before the concerned Police Station alleged therein that he had agreed to purchase a Fortuner car bearing registration No.CG11BN1748 from the applicant for a consideration of Rs.20,00,000/-, against which he paid a sum of Rs.10,00,000/- to the applicant. It is alleged that thereafter, the applicant sold the said vehicle to another person and failed to return the amount received from the complainant. It is further alleged that the applicant issued cheque No.008355 for Rs.10,00,000/- towards discharge of the said liability, but payment of the cheque was stopped, resulting in dishonour. During investigation, the applicant was arrested and his memorandum statement was recorded and cheque book and mobile phone were seized. The investigation is stated to be pending regarding verification of the cheque. Based upon such, aforesaid offences were registered against the accused.

Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the present case. He would further submit that the dispute involved is essentially of a civil nature arising out of a monetary transaction relating to the proposed sale of a vehicle and the same has been given a criminal colour. He would also submit that the charge-sheet has already been filed before the competent Court and the applicant is in jail since 19.06.2026 and the conclusion of the trial is likely to take some time therefore, he prays for grant of regular bail.

On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the allegation against the applicant is that he cheated the complainant after receiving a sum of Rs.10,00,000/- towards the proposed sale of the vehicle and thereafter sold the vehicle to another person. He further submits that the applicant had issued a cheque belonging to another person towards discharge of his liability, which was dishonoured on account of stopped payment. Therefore, he prays for rejection of the bail application.

I have heard learned counsel appearing for the parties and perused the case diary as well as the material available on record.

Considering the facts and circumstances of the case, nature of allegations alleged against the applicant, the fact that the allegations primarily arise out of a monetary transaction relating to the proposed sale of a vehicle and prima facie, bear the character of a civil dispute, coupled with the fact that the charge-sheet has already been filed before the competent Court and the applicant is in jail since 19.06.2026, thus without further commenting upon the merits of the case, this Court is inclined to grant bail to the applicant.

Accordingly, the bail application of the applicant is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail on the following conditions:-

Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. dorthwith.