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2025 DAILYLAW 22422 (CHH)

ANIL NACHRANI v. STATE OF CHHATTISGARH

MCRCA/716/2025 · 2025-06-09

Shri Deepak Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:22911 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 716 of 2025 Anil Nachrani S/o Late Mohanlal Nachrani Aged About 57 Years R/o House No. 11, Jalvihar Colony, Raipur, District Raipur (C.G.) ... Applicant. versus State Of Chhattisgarh Through Police Station Golbazar, Raipur District Raipur (C.G.) ... Respondent. For Applicant : Mr. Maneesh Sharma, Advocate. For Respondent : Mr. HAPS Bhatia, Panel Lawyer. SB : Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 10.06.2025 1. This application under Section 482 of the BNSS 2023 has been filed by the accused/applicant for grant of anticipatory bail in connection with Crime No.34/2023 registered at Police Station Golebazar, District Raipur for the offence under Sections 420, 294, 506, 384, 211 & 34 of the IPC. 2. Prosecution case, in brief, is that complainant Vimal Jain filed a complaint case under Section 156 (3) Cr.P.C. before the Judicial Magistrate First Class, Raipur on 18.11.2022 against the present applicant and other co-accused. In the said complaint, it was averred that Digitally signed by AJAY KUMAR DWIVEDI Date: 2025.06.10 17:21:01 +0530 2 the complainant is doing business styled as ‘Vimal Constructions’ at Jaistambh Chowk, Ravibhawan, Raipur. It is alleged that the present applicant along with co-accused lodged a false FIR against the complainant and his sons at Police Station Golbazar vide FIR No.320/2017 registered on 08.10.2017 for the offence under Sections 420 & 34 of IPC. In the said FIR, it was alleged that an amount of Rs.2,87,00,000/- is due towards the complainant and his sons. It is also alleged that though no such amount is due towards the complainant and his sons, but to create pressure and to recover such amount a false FIR was lodged. Thereafter, the applicant started creating pressure on the complaint that if he will give money to the tune of Rs.50 Lacs then he will withdraw the FIR lodged against the complainant. It is further stated that the Police of Police Station Golbazar after completion of investigation in Crime No.320/2017 found that the said FIR is false and fabricated and submitted a Khatma report in the month of January, 2020. It is alleged that in the said case a forged bank statement was prepared by the applicant for recovery of amount towards the complainant Vimal Jain to the tune of Rs.2.87 crores and for such false complaint, the complainant and his sons were sent to jail and on account of extortion and out of threat, the complainant gave Rs.50 Lacs to the applicant. On the basis of aforesaid information, such complaint was forwarded by the Additional Chief Judicial Magistrate, Raipur to the Police Station Golbazar, which led to lodging of the instant FIR No.34/2023 against the applicant for the offence as mentioned above. 3 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. He further submit that co-accused Arjun Das has been released on anticipatory bail by this Court vide MCRCA No.289/2023 on 10.04.2023 and case of the present applicant is similar to the case of that co-accused. He also submits that the applicant has good reputation in the society and there is no chance of his absconding. Therefore, the applicant may be enlarged on anticipatory bail. 4. Per contra, learned State counsel opposes the prayer for bail. 5. Having considered the fact and circumstances of the case and considering the nature of accusation and role attributed to the present applicant, particularly, considering that similarly situated co-accused has been enlarged on bail, this Court deems it appropriate to grant anticipatory bail to the applicant. 6. It is directed that in the event of arrest of the applicant, on furnishing a personal bond in the sum of Rs.100,000/- with one surety for the like sum to the satisfaction of the concerned Court, he shall be released on bail, on the following conditions:- (a) the applicant shall file an affidavit furnishing details of immovable property and the bank account held by him and his dependent family members, at the time of furnishing bail bonds. (b) he shall make himself available for interrogation by a police officer as and when required, (c) he 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 or to any police officer, (d) he shall not act in any manner which will be prejudicial to fair and expeditious trial, 4 (e) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial, (f) he shall not involve himself in any offence of similar nature in future. Sd/- (Deepak Kumar Tiwari) Judge Ajay