Extracted from the PDF above. The PDF is authoritative.
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NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 625 of 2025 1 - Ibrahim Khan S/o Khalil Ahmad Khan Aged About 58 Years R/o House No. 217, Gautiya Para, Bada Chowk Pawni, P.O.- Pawni, District- Sarangarh-Bilaigarh (C.G.)
... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Bilaigarh, District- Sarangarh Bilaigarh (C.G.)
... Non-applicant For Applicant : Mr. Sanjay Agrawal, Advocate For State : Mr. Amit Verma, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice
Order on Board 02/05/2025
1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.113/2025 registered at Police Station – Bilaigarh, District-Sarangarh-Bilaigarh for the offences punishable under Sections 420, 409, 467, 468, 471, 34 of Indian Penal Code.
2. Case of the prosecution, in brief, is that the complainant Puran Das Vaishnav retired ASI lodged a written complaint on 15/04/2025 alleging inter-alia that 03/09/2016 till VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.03 11:35:24 +0530
2 29/06/2024 the co-accused namely Imran Khan who used to run KIOSK choice centre at Bilaigarh, the farther of the complainant Late. Anand Das Vaishnav used to go KIOSK centre for withdrawal of the amount. It is also alleged that due to his old age the father of the complainant occasionally requested the co-accused to come to his home for procedure related to withdrawal of the amount, therefore the other co- accused who is the son of the applicant used to go to the house of the complainant, the banking authorities sometimes asked the father of the complainant regarding his life certificate and KYC related formalities. It is further alleged that the co-accused taking the advantage of updating the KYC of father of the complainant took his thumb impression and later on withdrawal lump-sum amount. The complainant further alleged that the co-accused had used the amount and purchased some property in the name of his father i.e., the present applicant therefore the aforesaid offences have been registered against the applicant and the co-accused persons. Further the complainant in his complaint has stated that the co-accused have misconceived his father and withdrawal the amount for the sum of Rs. 5 lakhs on 13/12/2018 and thereafter sum of Rs. 2 lakhs on 06/05/2019 by preparing forged bond documents.
3.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that the main allegation against the co- accused not against the present applicant and present applicant
3 is a father of co-accused. He also submits that the co-accused withdraw the amount of his father’s account for the sum of Rs. 5 Lakhs on 13.12.2018 and thereafter 2 Lakhs on 06.05.2019 by preparing forged bond documents and is working as business correspondent related to CSP KIOSK banking with state bank of India Pawani. He also submits that the applicant is aged about 58 years and is undergoing treatment for mental illeness and heart decease and there is no evidence available on record which shows that the present applicant is involved in the crime, investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, also considering the fact that the present applicant is a father of the co-accused and aged about 58 years and suffering from heart and mental decease, main allegation is not against the present applicant, investigation and trial are likely to take time, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Ibrahim Khan on
4 executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The applicant 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) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha)
Chief Justice vaishali