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2025 DAILYLAW 14877 (CHH)

HAIDER ALI v. STATE OF CHHATTISGARH

MCRCA/444/2025 · 2025-04-03

body2025

Judgment text

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1 2025:CGHC:15654 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 444 of 2025 Haider Ali S/o Mukhtar Ali Aged About 34 Years R/o. Village Amoda, District- Janjgir-Champa (C.G.) ... Applicant versus State of Chhattisgarh Through - Station House OfÏcer, Police of Police Station Nawagadh, District- Janjgir-Champa (C.G.) ... Non-applicant For Applicant : Ms. Hamida Siddiqui, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, Dy. Adv. General. For Objector : Mr. Vivekanand Samaddar, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 03.04.2025 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.03/2025, registered at Police Station – Nawagadh, District – Janjgir - Champa (C.G.) for the alleged commission of offence punishable under Sections 420 and 34 of the Indian Penal Code (for short IPC). ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.04.04 11:31:18 +0530 2 2. According to the prosecution, based on a complaint filed by Kamlesh Dewangan, a First Information Report (FIR) was registered against the applicant and co-accused under Sections 420 and 34 of the Indian Penal Code (IPC) at Nawagadh Police Station. The FIR alleges that they collected Rs. 23,30,000/- from the complainant and Rs. 50-60 lakhs from other villagers by posing as a fake bank scheme. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. She submits that the allegations made in the complaint have already been settled, and the disputed amount has been paid to the complainants. A compromise deed has been prepared between the complainant, the applicant, and his father, and Sajida, the applicant's real maternal aunt, has signed the compromise deed on their behalf, therefore, she prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the applicant. 5. The learned counsel for the objector admitted the fact that the alleged amount has already been refunded to the complainant, and on that basis, a compromise has been reached between them. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the nature and gravity of the offence and material on record in the case diary also considering the fact that the allegations made in the complaint have already been settled, and the disputed 3 amount has been paid to the complainants, a compromise deed has been prepared between the complainant, the applicant, therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the present applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Haider Ali, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (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 his adhaar card along with a coloured 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 Abhishek