HIMANSHU MITTAL @ (RICKY) v. STATE OF CHHATTISGARH
MCRCA/34/2025 · 2025-01-10
body2025
DailyLaw.ai
[ 2025 DAILYLAW 1564 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1564 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:1788
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 34 of 2025 Himanshu Mittal @ (Ricky) S/o Ajay Mittal Aged About 25 Years R/o Jay Bhagwan Gali Darri Police Station - Darri, District- Korba (C.G.)
... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police of Police Station - Kotwali, Korba, District- Korba (C.G.)
... Non-applicant For Applicant : Mr. Ashutosh Shukla, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board 10.01.2025
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. 551/2024, registered at Police Station – Kotwali, Korba, District – Korba (C.G.) for the alleged commission of offence punishable under Sections 319(2), 127(2), 310(2), 140(3) and 61 of the Bhartiya Nyaya Sanhita, 2023.
2. The prosecution's case is based on an FIR lodged by the complainant, stating that on September 20, 2024, at around 10:30 AM, he was working in his ofÏce with his staff. Suddenly, around ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.13 10:32:11 +0530
2 11:35 AM, six unknown individuals arrived, introducing themselves as Income Tax OfÏcers and Cyber Department personnel. They
directed the staff and complainant to switch off their mobile phones and took Rs. 2,35,000/- from the shop counter, along with a laptop, CCTV DVR, and two staff members, Ujjwal Singh and Harish Patel. The staff members were released after 2-3 hours in Risdi Jungle. The police investigated the matter, recording the memorandum statement of a co-accused. Based on this statement, the present applicant has been implicated for alleged offenses under Sections 319(9), 127(2), 310(2), 140(3), and 61 of the Bhartiya Nyaya Sanhita 2023.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits only on the basis of the memorandum statement of the other co- accused the applicant made as an accused in the present case. He also submits that the applicant was not present at the time of the incident, therefore, he prays for grant of anticipatory to the present applicant.
4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant and submits that the present applicant along with other co-accused persons impersonated themselves as income tax ofÏcers and took away Rs. 2,35,000/- from the shop of the applicant, therefore, he is not entitled for grant of anticipatory bail.
3
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the nature and gravity of the offence and material on record in the case diary, and the fact that The present applicant, along with other co-accused persons, impersonated Income Tax ofÏcers and took away Rs. 2,35,000/- from the complainant's shop, therefore, I am not inclined to grant anticipatory bail to the applicant.
7. Accordingly, the anticipatory bail application of the applicant – Himanshu Mittal @ (Ricky), involved in Crime No. 551/2024, registered at Police Station – Kotwali, Korba, District – Korba (C.G.) for the alleged commission of offence punishable under Sections 319(2), 127(2), 310(2), 140(3) and 61 of the Bhartiya Nyaya Sanhita, 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice Abhishek