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2025 DAILYLAW 12890 (CHH)

ANIL BHASKAR v. STATE OF CHHATTISGARH

MCRC/2050/2025 · 2025-03-12

body2025

Judgment text

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1 2025:CGHC:12331 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2050 of 2025 Anil Bhaskar S/o Rambharos Aged About 40 Years Caste- Satnami, R/o Village- Dumuhani, Police Station And Tahsil- Bilaigarh, District- Sarangarh- Bilaigarh (C.G.) ... Applicant versus State of Chhattisgarh Through District Magistrate, Sakti, District- Sakti (C.G.) …. Non-applicant For Applicant : Mr. Dharmesh Shrivastava, Advocate. For Non-applicant/State : Mr. Sangharsh Pandey, Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 12.03.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants arrested in connection with Crime No. 279/2024 registered at Police Station – Malkharauda, District – Sakti (C.G.) for the offence punishable under Sections 318(4), 338, 336, 340 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. Case of the prosecution, in brief, is that the Chief Manager (Administration) of S.B.I., Regional Business OfÏce, Korba, District Korba (C.G.) lodged a report stating that on 27.09.2024, the Field RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 OfÏcer of Dabra Branch, Shri Chandrashekhar Bodra, informed that the State Bank of India Branch in Village Chhapora had been operating since 18.09.2024. During the preliminary investigation, it was discovered that six individuals were working at the said bank. Upon inquiry, it was revealed that they had received appointment letters from various persons after paying money for the promise of a job, without undergoing any competitive examination. Their recruitment was done through direct appointments, which were found to be fraudulent. It was alleged that Pankaj, Rekha Sahu, Mandir Das, Anil Bhaskar/the present applicant, Subhadra Mahant and others committed fraud by taking money under the pretext of providing jobs in the State Bank of India. They accomplished this by making false statements, issuing fake joining letters and opening a fake bank branch. Based on the report, the aforementioned offenses were registered, and an investigation was initiated. During the investigation, on the basis of the victim's statement and the statement of a witness, Pintu Maravi, the suspected accused, Anil Bhaskar/the present applicant, was traced. It was found that he had received Rs. 1,00,000/- from Pintu Maravi through a UPI transaction. Upon apprehension, Anil Bhaskar confessed in his memorandum statement that he had opened a fake SBI Bank branch in Chhapora and planned to cheat people. He admitted of taking Rs. 1,00,000/- from the victim, Pintu Maravi, and a total of Rs. 6,60,000/- from other individuals under the pretext of providing jobs in the bank. He further disclosed that he gave Rs. 4,00,000/- to his partner, Narendra Manhar, and used the remaining amount to purchase a car and a Vivo mobile phone. On the basis of the report of the Chief Manager (Administration), S.B.I., offenses under Sections 318(4), 338, 336(3), 3 340, and 3(5) of the Bharatiya Nyaya Sanhita, 2023 were registered against Pankaj, Mandir Das, Rekha Sahu and others and subsequently only two accused persons were arrested and after completion of entire investigation, charge-sheet has been filed. Hence, this application. 3. Learned counsel appearing for the applicants submits that the applicants are innocent and has been falsely implicated in the present case. It is submitted that the applicants are in jail since 04.10.2024, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel, opposes the bail application and submits that during the investigation, on the basis of the victim's statement and the statement of a witness, Pintu Maravi, the suspected accused, Anil Bhaskar/the present applicant, was traced, it was found that he had received Rs. 1,00,000/- from Pintu Maravi through a UPI transaction, upon apprehension, Anil Bhaskar confessed in his memorandum statement that he had opened a fake SBI Bank branch in Chhapora and planned to cheat people, he admitted of taking Rs. 1,00,000/- from the victim, Pintu Maravi, and a total of Rs. 6,60,000/- from other individuals under the pretext of providing jobs in the bank. As such, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and also considering the fact that during the investigation, on the basis of 4 the victim's statement and the statement of a witness, Pintu Maravi, the suspected accused, Anil Bhaskar/the present applicant, was traced, it was found that he had received Rs. 1,00,000/- from Pintu Maravi through a UPI transaction, upon apprehension, Anil Bhaskar confessed in his memorandum statement that he had opened a fake SBI Bank branch in Chhapora and planned to cheat people, he admitted of taking Rs. 1,00,000/- from the victim, Pintu Maravi, and a total of Rs. 6,60,000/- from other individuals under the pretext of providing jobs in the bank, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail. 7. Accordingly, this bail application of applicant – Anil Bhaskar involved in Crime No. 279/2024 registered at Police Station – Malkharauda, District – Sakti (C.G.) for the offence punishable under Sections 318(4), 338, 336, 340 and 3(5) of the BNS, is rejected at this stage. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar