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2025 DAILYLAW 2350 (CHH)

RAJESH RAI v. STATE OF CHHATTISGARH

MCRCA/65/2025 · 2025-01-23

body2025

Judgment text

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1 2025:CGHC:4242 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 65 of 2025  Rajesh Rai S/o Late Shri Ramanand Rai, aged about 52 years, R/o D-19/20, Akansha Kunj, Risali, Bhilai, District- Durg (C.G.) ... Applicant versus  State of Chhattisgarh through Station House Officer, Police Station- Supela, District- Durg (C.G.) ... Respondent For Applicant :- Mr. Jay Singh, Advocate. For State :- Mr. U.K.S. Chandel. Dy. A.G. For Complainant :- Mr. Siddharth Shukla, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/01/2025 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. 1230/2024 registered at Police Station – Supela, District – Durg (C.G.) for the offences punishable under Sections 420, 406/34 of the Indian Penal Code. ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.01.24 17:22:54 +0530 2 2. The prosecution's case, in brief, is that the complainant lodged a written complaint stating that in the year 2014 the accused Dr. M.K. Kanduja took a loan from the complainant for construction of a new hospital named as High-Tec Hospital for consideration of 15% interest and when the amount was not returned to the complainant the complainant lodged against the proprietor of the hospital. Consequently, offenses under Sections 420, 406/34 of the Indian Penal Code were registered. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that from the entire FIR, it appears that the allegations are levied against Dr. M.K. Khanduja and prima-facie the present applicant has no role to play in commission of the offences and, therefore, he prays for grant of anticipatory to the applicant. 4. On the other hand, learned State counsel, appearing for the non -applicant/State, opposes the bail application of the present applicant and submits that there is one other case registered against the applicant in connection with Crime No.49/2025 for the same offence, therefore, the applicant is entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts & circumstances of the case, nature and gravity of offence and submissions of learned counsel for the parties and further considering the fact the transaction took place between the complainant and Dr. M.K. Khanduja and prima facie, the applicant has no role to play in the commission of offence, this Court find it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Rajesh Rai, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) 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. (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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 his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) he shall not involve himself in any offence of similar nature in future. - Sd/- (Ramesh Sinha) Chief Justice Ankit