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2025 DAILYLAW 19225 (CHH)

RAJANIKANT LENKA v. STATE OF CHHATTISGARH

MCRCA/591/2025 · 2025-04-29

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Judgment text

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1 2025:CGHC:19403 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 591 of 2025 1 - Rajanikant Lenka S/o Anadi Charan Lenka Aged About 40 Years R/o House No. M.B.74, Badgad Brit Colony, Near Bramheshwar Temple Bhubneshwar District- Khorda (Orissa) 751018 ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, P.S. City Kotwali, Dhamtari, District- Dhamtari (C.G.) ... Non-applicant For Applicant : Mr. Somnath Verma, Advocate For State : Mr. Sakib Ahmed, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/04/2025 1. The applicant has preferred this application under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 12/2024, registered at Police Station – City Kotwali Dhamtari, District – Dhamtari (C.G.) for the alleged commission of offence punishable under Sections 420, 406, 467, 468, 471, 34 of the Indian Penal Code (for short IPC). 2 2. As per the prosecution story, the complainant namely Nishit Patel S/o Vipin Chandra Patel aged about 40 years R/o Bastar Road serving as a Manager in the company of Purushottam Das Dhori Bhai and company who has lodged the complaint before police station City Kotwali Dhamtari on dated 08/01/2024 about 12.10 PM and it was registered in FIR No. 0012/2024. on dated 14/04/2023 the employee of aforesaid E. Vehicle company i.e. Silveline Power Station Private Limited who is manufacturing the said E-vehicle and one employee namely Raghvendra Soni, Vaibhav Kulkarni came and discussed about making the Distributor towards Silveline Power Station Private Limited to E Vehicle at Dhamtari District Dhamtari. After discussion by our Company Director Satyapanigrahi, Assistant Director Rajanikant Lenka and Manager Shubham Sharma has proceeded negotiation with our company regarding distributor ship of our company. The complainant's company i.e. Purushottam Das Dhori Bhai and Company who has told to deposit a sum of Rs. 1,51,000/- as an advance in the company Union Bank Account through RTGS and it has been transferred on dated 27/04/2023 thereafter the Director and Assistant Director of Silveline Power Station Private Limited Company has persuaded for making agreement and order for sending e-vehicle so Invoice form has been forwarded in Invoice form of amount of Rs. 37,37,384/-of 30% be deposited thereafter E-vehicle order to be supplied and assurance and entice given to the Manager and the companies Union Bank Account No.260111100002953 3 and amount of Rs. 36,01,000/- as on security amount and it has been cheated and fraudulently by which the complaint has been made before the police station City Kotwali Dhamtari. On the basis of such complaint the concerned police station investigated the matter and registered the crime for an offence under section 420,406, 34 of IPC. The applicant has filed the copy of FIR dated 08/01/2024 in which the concerned police station City Kotwali Dhamtari has registered the crime No. 0012/2024 for an offence under section 420,406,34 of IPC against the applicant along with other co-accused. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the police has not seized any article from the possession of applicant. He also submits that the applicant himself has taken agreement Distributor ship from the Silveline Power Station Private Lmt. Company on 01.01.2022 whereas the complainant has falsely implicated in a crime against the applicant that he is the Assistant Director of the said Company He further submits that the applicant aged about 40 years and he looks after his family. Therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel opposes the submission made by the learned counsel for the applicant and submits that looking to the aforesaid offences, applicant is not entitled for grant of anticipatory bail. 4 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 also considering the fact that the complainant has been cheated by the applicant and police has not seized any article from the possession of applicant, as such, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant– Rajnikant Lenka, filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No. 12/2024, registered at Police Station–City Kotwali Dhamtari, District – Dhamtari (C.G.) for the alleged commission of offence punishable under Sections 3420, 406, 467, 468, 471, 34 of the Indian Penal Code (for short IPC), is rejected. Sd/- (Ramesh Sinha) Chief Justice vaishali