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2025:CGHC:11474
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 333 of 2025 Maikal Sahu S/o Khemlal Sahu Aged About 24 Years R/o Sanjay Nagar Jaijaipur, Thana- Jaijaipur, District Shakti, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station- Jaijaipur, District Shakti, Chhattisgarh ... Respondent For Applicant : Shri T.K. Jha, Advocate. For Respondent/State : Ms. Supriya Upasane, G.A.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board 07/03/2025
1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.82/2024, registered at Police Station Jaijaipur, Shakti (C.G.) for alleged commission of offence punishable under Section 420, 34 of the Indian Penal Code.
2. Case of the prosecution, in brief, is that on the report of the complainant Balram Yadav, a crime has been registered in Jaijaipur police station that present applicant and Harish Yadav GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.03.10 19:32:58 +0530
2 resident of Jaijaipur opened a current account no. 177405500454 and saving account no. 177401505317 in ICICI Bank Champa in the name of Balram Yadav by promising to arrange a loan for the applicant at a low interest rate and kept the said account with themselves and took a loan by promising to return the money after passing, both the persons kept the applicant's account and ATM card and on 09.10.2023, Rs. 4, 21,02,801.62 was withdrawn from Balram Yadav's current account 177405500454 and Rs.30,000/- from saving account no.177401505317 from 08.09.2023 to 22.09.2023, total Rs. 4, 21, 32,801.62. Both present applicant and Harish Yadav together cheated Balram Yadav by deceiving him and trading in share trading/binance/wazirx and Indian market, on this basis crime number 82/2024, under section 420,34 IPC has been registered in Police Station Jaijaipur.
3.
Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in the instant case. He would submit that the account was opened and operated by the complainant himself. He would further submit that the applicant is permanent resident of Jaijaipur, District Shakti and having movable and immovable property over there and there is no likelihood of his absconding or tampering the prosecution witnesses. Hence he prays to enlarge the applicant on anticipatory bail.
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4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submits that there are four criminal antecedents against the applicant, therefore, the anticipatory bail application of the applicant deserves to be rejected.
5. I have heard learned counsel for the parties and perused the case diary.
6. Taking into consideration the nature of allegation made against the present applicant that the present applicant along with co-accused Harish Yadav cheated complainant Balram Yadav of a substantial amount of Rs.4,21,32,801.62, by deceiving him and trading in share trading/binance/wazirx and Indian market and also considering the fact that there are four criminal antecedents against the present applicant, I am not inclined to grant anticipatory bail to the applicant.
7. Accordingly, the anticipatory bail application of the applicant - Maikal Sahu, involved in Crime No.82/2024, registered at Police Station Jaijaipur, Shakti (C.G.) for alleged commission of offence punishable under Section 420, 34 of the Indian Penal Code is rejected. Sd/-Sd Sd/- (Ramesh Sinha) Chief Justice gouri