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2025 DAILYLAW 21446 (CHH)

PRATEEK MISHRA v. STATE OF CHHATTISGARH

MCRCA/720/2025 · 2025-05-12

body2025

Judgment text

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{M.Cr.C.(A)No.720/2025} 2025:CGHC:22004 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 720 of 2025 Prateek Mishra, S/o Priyavrat Mishra, Aged about 28 years, R/o Village Kachlon, PS Simga, District Balodabazar-Bhatapara, Chhattisgarh. ... Applicant versus State of Chhattisgarh, through S.H.O., PS Simga, District Balodabazar-Bhatapara, Chhattisgarh. ... Non-applicant For Applicant : Mr. Aditya Bhardwaj, Advocate. For Non-applicant : Mr. Keshav Prasad Gupta, Government Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 13.05.2025 1. The applicant has preferred this anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.180/2023, registered at Police Station Simga, District Balodabazar-Bhatapara (C.G.) for alleged commission of offence punishable under Sections 420 and 409 of the Indian Penal Code (IPC). 2. As per the prosecution story in brief, the applicant, on different dates, had got opened the bank accounts of ten persons for the purpose of business transaction and asked them to deposit some amount in their bank accounts and thereafter, SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.05.13 18:43:24 +0530 {M.Cr.C.(A)No.720/2025} without their permission and knowledge, he withdrew an amount of ₹ 2,50,000/- in toto through UPI transaction pursuant to which offence has been registered on the basis of written complaint made by one Naveen Kumar Sahu on 26-5-2023. Hence, this application. 3. Learned counsel for the applicant submits that the applicant is completely innocent and he has not committed any offence and has been falsely implicated in the case and learned counsel further submits that no single evidence has been collected by the prosecution which shows that the applicant has withdrawn amount through UPI transaction. Therefore, the applicant is entitled for grant of anticipatory bail. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submitted that charge-sheet has been filed in the present case and it is not the case in which the applicant should be extended the benefit of anticipatory bail. Therefore, the present anticipatory bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts & circumstances of the case, allegations levelled against the applicant in the FIR, and the manner in which the applicant has withdrawn amount from the accounts of other persons, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the Anticipatory Bail application of the applicant – Prateek Mishra, filed under Section 482 of the BNSS, 2023 in connection with Crime {M.Cr.C.(A)No.720/2025} No.180/2023, registered at Police Station Simga, District Balodabazar- Bhatapara (C.G.) for alleged commission of offence punishable under Sections 420 and 409 of the IPC, is rejected. Sd/- (Ramesh Sinha) Chief Justice Soma