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2025 DAILYLAW 20824 (CHH)

PREETAM SINGH THAKUR v. STATE OF CHHATTISGARH

MCRC/4457/2025 · 2025-06-29

Smt Rajani Dubey

Special Leave Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:29012 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.4457 of 2025 1 - Preetam Singh Thakur S/o Shri Chhiddi Singh Thakur (Wrongly Mentioned As Siddhi Singh Thakur In Annexure A-1) Aged About 45 Years R/o Village Lirpadi (Wrongly Mentioned As Village Likhadi In Annexure A-1) P.S. Chaurai And District Chhidvada, Madhya Pradesh Applicant versus 1 - State Of Chhattisgarh Through its Police Station Incharge Sarsvati Nagar Raipur, District Raipur, Chhattisgarh Respondent(s) For Applicant : Mr. R. K. Suryavanshi, Advocate For Respondent(s) : Mr. Devesh Kela, PL Hon’ble Smt. Justice Rajani Dubey Order on Board 30/06/2025 1. The accused/applicant has moved this Fourth Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for releasing him on regular bail during trial in connection with Crime No.114/2021, registered at Police Station Sarsvati Nagar, District Digitally signed by RAMAKANT NIRALA 2 Raipur (C.G.) for the offence punishable under Sections 420, 467, 468, 471, 120-B of IPC. 2. The first bail application of the applicant was dismissed as withdrawn vide order dated 12.08.2022 in MCRC No.4481/2022, thereafter the second bail application was dismissed on merits vide order dated 11.10.2022 in MCRC No.7469/2022. Subsequently, the third bail application was also dismissed on merits vide order dated 11.05.2023 in MCRC No.184/2023. The SLP preferred by the appellant before the Hon’ble Apex Court has also been dismissed vide order dated 13.06.2023 in Special Leave to Appeal (Crl) No.7180/2023. 3. The prosecution story, in brief, is that the complainant lodged a written report alleging that the co-accused Akanksha Pandey and his husband Bhupendra Pandey were working as post office agents and were known to him and owing to the faith, the complainant opened RD, TD account in post office and deposited the huge amount through them. It was assured by the co- accused persons that the complainant would get high interest and returns on the principal amount, upon which huge amount was also deposited by the family members of the complainant and other persons and forged passbook was given to them in this regard. The present applicant is the driver of late Bhupendra Pandey and was also involved in the said commission of offence, as his signatures were found in the withdrawal forms. When the 3 complainant enquired about the same, he came to know that the amount was not properly deposited in their accounts. Thereafter, a case was registered against the accused persons for the aforesaid offence. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submits that after dismissal of the appellant’s bail application order dated 13.06.2023 in Special Leave to Appeal (Crl) No.7180/2023, the Hon’ble Apex Court has granted bail to the co-accused Akanksha Pandey vide order dated 28.03.2025 in Special Leave to Appeal (Crl) No.327/2025, against whom the main allegation was levelled and till date only one witness has been examined before the learned Trial Court, the offence is trialable by JMFC, the applicant is in jail since 14.04.2022 and trial may take some more time. Therefore, the present applicant may also be released on bail. 5. On the other hand, learned State counsel opposes the bail application of the applicant. 6. I have heard learned counsel for the parties and perused the case-diary. 7. Taking into consideration the facts and circumstances of the case, particularly the fact that after dismissal of the bail application of the applicant by the Hon’ble Apex Court, the co- 4 accused has already been granted regular bail by the Hon’ble Apex Court, offence is trialable by JMFC, the appellant is in jail since 14.04.2022 i.e. for more than 3 years and till date only one witness has been examined before the learned Trial Court and the trial may take some more time, therefore, this Court is of the view that it is a fit case to release the applicant on bail. 8. Accordingly, the bail application is allowed. Applicant/accused is directed to be released on bail on his executing a personal bond for a sum of Rs.50,000/- with one surety of the like amount to the satisfaction of the Trial Court. He shall appear before the Trial Court on each and every date given to him by the said Court. Sd/- (Rajani Dubey) Judge Nirala