Extracted from the PDF above. The PDF is authoritative.
{M.Cr.C.(A)No.713/2025}
2025:CGHC:22006
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 713 of 2025 Ramadhar Banjare, S/o late Jogiram Banjare, Aged about 85 years, R/o Village & Post Chhachhanpairi, Police Station Mujgahan, District Raipur (C.G.)
... Applicant versus State of Chhattisgarh, Through the Station House Officer, Police Station Purani Basti, Raipur, District Raipur (C.G.)
... Non-applicant For Applicant : Mr. Rakesh Kumar, 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.154/2025, registered at Police Station Purani Basti, Raipur, District Raipur (C.G.) for alleged commission of offence punishable under Sections 420 & 34 of the IPC. 2. As per the prosecution story in brief, the applicant and the co-accused have fraudulently obtained an amount of 10,00,000/- from the complainant on ₹ different dates in between the period from 20-10-2017 to 20-2-2018 for SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.05.14 14:10:45 +0530
{M.Cr.C.(A)No.713/2025} providing membership and appointment on the post of Hostel Superintendent at Amin Para Harijan Sevak Sangh, Raipur, but no such membership and appointment was provided by them and thereby the offence of cheating has been committed. Report to this effect was lodged by complainant Kaushilya Chandel on 25-4-2025. 3. Learned counsel for the applicant has argued that the applicant is completely innocent and further submitted that no single evidence has been collected by the prosecution which shows that the applicant is involved in the offence. He further submits that the FIR is delayed by six years and therefore the applicant is entitled for grant of anticipatory bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant has committed cheating by obtaining a huge amount of 10,00,000/- from the complainant on the ₹ pretext of providing job and therefore he is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6.
Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, and also considering that charge-sheet has not been filed and further considering that the FIR has been filed with an inordinate delay of six years, at this stage, without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. Page 3 of 3 {M.Cr.C.(A)No.713/2025}
7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Ramadhar Banjare on executing a personal bond with 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 their adhaar card alongwith a colored 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/-Sd/- (Ramesh Sinha) CHIEF JUSTICE Soma