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2025 DAILYLAW 11481 (CHH)

PRATEEK SAHU v. STATE OF CHHATTISGARH

MCRCA/305/2025 · 2025-03-04

body2025

Judgment text

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1 2025:CGHC:10560 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 305 of 2025 • Prateek Sahu S/o Shri Padumlal Sahu Aged About 22 Years R/o Lig 211, R.P. Nagar Phase-2, Korba, P.S. Civil Line Rampur Korba, Distt. Korba (C.G.) ...Applicant. versus • State Of Chhattisgarh Through- The Station House Officer, Police Station Civil Line Rampur Korba, Distt. Korba (C.G.). ...State/Non-Applicant. For Applicant : Shri Vipin Tiwari, Advocate. For State : Shri Sangarsh Pandey, Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 04/03/2025 1. 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 AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.03.05 15:52:28 +0530 2 connection with Crime No.67/2025 registered at Police Station Civil Line Rampur Korba, Distt. Korba C.G. for the offence punishable under Sections 318(4), 61(2)(A), 111 of BNSS. 2. As per the prosecution story, the complainant Mr. Suman Lal Poya (Sub-Inspector) Police Station Civil Line Rampur Korba, Distt. Korba (CG) has made a complaint on 03.02.2025 that he has received a complaint from the cyber cell that the samanvaya portal run by the Government of India it has been found that the mule account holders were received amount from the different - different accounts, fraudulently, and the list of the bank and there account holders were mentioned in this list, the bank account of the present applicant is 100201232870 has received Rs. 35000/- similarly total 26 mule bank account holders were received total Rs. 8,88,850/- who have also been made accused by the police by registering the crime no. 67/2025 on 03.02.2025 for the offence punishable under sections 318(4), 61(2)(A), 111 of BNSS. 3. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the alleged commission of offence. Learned counsel further submits that the present applicant has neither committed nor participated in any such act which may amount to any of the offence mentioned above. Learned counsel further submits that applicant is a young boy, aged 22 years, who is a student of LLB-I year and has not received any amount from any person. Learned counsel submits 3 that bank account bearing No.100201232870 is not operated by the present applicant who, after paying back the loan to another co-accused, was under the impression that the said account has been closed, however, the same was operated by some other person. Since, the applicant is a student of LLB-I year he has to prepare for further examinations to be held by his college. Hence, considering the backdrop, the applicant may be released on anticipatory bail. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submitted that against the present applicant, two criminal antecedents of the year 2021 and 2022 of Indian Penal Code are registered. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, material available in the case diary, offence is triable by the JMFC, without further commenting anything on merits, this Court finds it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Prateek Sahu, 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:- 4 (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. Sd/- (Ramesh Sinha) Chief Justice Avinash