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2025 DAILYLAW 22619 (CHH)

JAYPRAKASH SEN v. STATE OF CHHATTISGARH

MCRCA/738/2025 · 2025-05-19

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1 2025:CGHC:22184 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 738 of 2025 1 - Jayprakash Sen S/o Kunwar Singh Sen Aged About 25 Years R/o- Gandhi Chowk, Kalarpara, Kurud, Tahsil- Kurud, District- Dhamtari (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station- Kurud, District Dhamtari (C.G.) ... Non-Applicant For Applicant : Mr. Keshav Dewangan, Advocate For Non-Applicant/State : Mr. Arvind Dubey, Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.05.2025 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.605/2022 registered at Police Station- Kurud, District - Dhamtari (C.G.) for the offence punishable under Section 420 r/w 34 of I.P.C. 2. Prosecution case in brief is that, the complainant namely Damin Mahar lodged a report by stating that in year 2019 she came to know regarding Bihan Yojana Bazaar in which the complainant will BHUMIKA ANGARE Digitally signed by BHUMIKA ANGARE Date: 2025.05.21 18:46:31 +0530 2 get subsidy in buying Electric Riksha/scooty and when she went to enquire about the same from the main accused namely Bhupendra Sen and present applicant then they assured the same. It is submitted that thereafter complainant deposited total sum of Rs. 60,000/- and when she could not get the E-Riksha, then she made an enquiry and came to know about other persons who have deposited the money and have been cheated by the accused persons, then she immediately lodged the complaint before the concerning Police Station and same has been registered as crime No.605/2022 U/Sec. 420 R/w 34 of I.P.C., whereby it has been revealed that the accused persons have committed total cheating of Rs. 3,50,000/-. Hence this bail application. 3. Learned counsel appearing for the applicant submits that the applicant is innocent person and he has been falsely implicated in the abovementioned offence. He further submits that the main allegation is against the co-accused Bhupendra Sen and the present applicant has no involvement in the crime. He also submits that the co - accused, namely, Bhupendra Sen has already been granted regular bail by this Court in MCRC No. 2763 of 2025 dated 08.04.2025, therefore, the present applicant is entitled to be granted anticipatory bail on the ground of parity. 4. On the other hand, learned State counsel appearing for the Non- applicant/State opposes the prayer for grant of anticipatory bail and submits that charge sheet has been filed in the present case. The applicant is involved in cheating to many other persons, therefore, the 3 anticipatory bail application of the present applicant is entitled to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, and considering the fact that the co- accused has been granted regular bail and looking to the nature of allegation levelled against him, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the bail application of the applicant – Jayprakash Sen, involved in Crime No. 605/2022 registered at Police Station Kurud, District - Dhamtari (C.G.), for the offence punishable under Sections 420 R/w 34 of I.P.C., is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Bhumika