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2025 DAILYLAW 24916 (CHH)

ISHWAR CHOUHAN v. STATE OF CHHATTISGARH

MCRCA/855/2025 · 2025-06-15

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:24687 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 855 of 2025 1 - Ishwar Chouhan S/o. Late Indal Singh Chouhan Aged About 41 Years R/o. Village - Aamapali, Post - Bichiya, Tahsil And Police Station - Baradwar, District - Sakti (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Police Station - Civil Line, District - Bilaspur (C.G.) ... Respondent For Applicant : Mr. Ravi Kumar Bhagat, Advocate For Respondent/State : Mr. Hariom Rai, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/06/2025 1. The applicant has preferred this application under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.1212/2025, registered at Police Station – Civil Line District – Bilaspur (C.G.) for the alleged commission of offence punishable under Sections 318(4), 338, 336(3), 340(2), 61(2), 111 of BNS.(wrongly mentioned as 381(4) at page No.8.) 2. As per the F.I.R. lodged with Police Station Civil Line, District Bilaspur, the complainant i.e. Nitesh Kumar Bharadwaj resident VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.06.19 17:36:16 +0530 2 of Bilaspur, is known/familiar to Main Accused i.e. Nitesh Bharadwaj, and Gurushankar Divya who assured the complainant to provide employment in Police Department, on the post of Constable at Bilaspur. That, the Kapil Goswami will help in securing employment, and demanded five lakh Rupees and they called complainant to Hotel East Park on 05/12/2024, where complainant went along with friend i.e. Rajendra Palange and Baijnath Navneet and they have taken Educational Certificates and Employment Exchange document, and amount Rs. Six Lakh, 02/12/2024 from complainant. That, the main accused Gurushankar provided appointment letter to complainant on 'whatup' mobile application. That, when employment was not given, the complainant demanded his money back and when same was refused, the complainant has lodged F.I.R. against the main accused. That, the main accused during investigation have given memorandum statement against the applicant and therefore on the basis of memorandum statement the police has registered crime no. 1212/2024 against present applicant also, for commission of offence under Section 318(4), 338, 336(3), 340(2), 61(2), 111 of B.N.S.. Hence this Anticipatory bail application for applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He also submits that allegation levelled against the present applicant is totally false, as the complainant has not came in touch of applicant further he has not issued any appointment order, neither any document 3 relating to employment has been given, further the complainant has in its entire complaint as stated that he has given any single penny to the applicant. He further submits that the applicant is having 3 previous criminal antecedent except the present case and 3 offence has been registered against him Therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel opposes the submission made by the learned counsel for the applicant and submits that applicant is having 3 criminal antecedents and 3 offence has been registered against the present applicant and looking to the overt-act applicant is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in the case diary, it transpires that the present case is of the nature of online fraud, by which the complainants suffered loss of huge amount, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on bail. 7. Accordingly, the anticipatory bail application of the applicant– Ishwar Chouhan, filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No.1212/2025, 4 registered at Police Station – Civil Line District – Bilaspur (C.G.) for the alleged commission of offence punishable under Sections 318(4), 338, 336(3), 340(2), 61(2), 111 of BNS is rejected. Sd/- (Ramesh Sinha) Chief Justice vaishali