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2025 DAILYLAW 20202 (CHH)

PRITHVIRAJ SAGARIYA v. STATE OF CHHATTISGARH

MCRC/3324/2025 · 2025-07-01

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Judgment text

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1 2025:CGHC:29975 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3324 of 2025 Prithviraj Sagariya S/o Vaishnav Sagariya Aged About 30 Years R/o Presh Colony Kachna, District Raipur Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Civil Line, Raipur, District Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. C.R. Sahu, Advocate For Non-Applicant/State : Mr. Sangharsh Pandey, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.07.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 129/2025 registered at Police Station Civil Line, Raipur District – Raipur (C.G.), for the offence punishable under Sections 317(2), 317(4), 317(5), 111(3), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in a nutshell, is that the complainant made a written complaint to the concerned police station stating that the accused persons had conducted several transactions and ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.04 10:57:53 +0530 2 transferred an amount of Rs. 91,53,978/- into the account of the applicant’s wife, as per the bank statement. Based upon the written complaint, the police registered an offence under Sections 317(2), 317(4), 317(5), and 111(3), 3(5) of the B.N.S. against the accused persons. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He submits that the applicant has neither received the alleged amount nor derived any benefit from the subject land, nor has he committed any of the offences alleged by the prosecution. He further submits that the applicant has neither committed the alleged offence nor has he been involved in any manner in this case, and he has been wrongly arrested by the police on the basis of false allegations made by the complainant. There is no proof of the allegations made against the applicant, and the complainant has lodged a false complaint against the present applicant based solely on suspicion and fabricated allegations. He also submits that the father of the applicant has executed an affidavit stating that his son (the applicant) had no knowledge about the transactions of the alleged amount or the subject mobile, and that his son does not know the woman named Neetu, as his son has not solemnised any marriage with Neetu till date. The applicant has been falsely implicated in this crime without any sufficient reason and without any material available on record, solely on the basis of suspicion. He submits that the applicant is in jail since 27.03.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicant and submits that several transactions 3 were conducted, and an amount of Rs. 91,53,978/- was transferred into the account of the applicant’s wife, as per the bank statement, shows that it is an organized crime, therefore, the applicant is not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and further the fact that several transactions were conducted, and an amount of Rs. 91,53,978/- was transferred into the account of the applicant’s wife, as per the bank statement, shows that it is an organized crime, therefore, I am not inclined to grant regular bail to the present applicant. 7. Accordingly, the bail application of the applicant - Prithviraj Sagariya, involved in Crime No. 129/2025 registered at Police Station Civil Line, Raipur District – Raipur (C.G.), for the offence punishable under Sections 317(2), 317(4), 317(5), 111(3), 3(5) of the Bhartiya Nyaya Sanhita, 2023, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office 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 Abhishek