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2025 DAILYLAW 24991 (CHH)

ISHWAR CHOUHAN v. STATE OF CHHATTISGARH

MCRCA/802/2025 · 2025-06-11

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Judgment text

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1 2025:CGHC:23558 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 800 of 2025 Ishwar Chouhan S/o Indal Singh Chouhan Aged About 41 Years R/o Village Aamapali, Post Bichiya, Tahsil And Police Station Baradwar, District Sakti, Chhattisgarh. --- Applicant versus State Of Chhattisgarh Through Police Station Civil Line, District Bilaspur, Chhattisgarh. --- Non-applicant along with MCRCA No. 802 of 2025 Ishwar Chouhan S/o Indal Singh Chouhan Aged About 41 Years R/o Village- Aamapali, Post- Bichiya, Tahsil And Police Station - Baradwar, District- Sakti, Chhattisgarh. --- Applicant Versus State of Chhattisgarh Through Police Station- Civil Line, District- Bilaspur, Chhattisgarh. --- Non-applicant along with MCRCA No. 830 of 2025 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, Chhattisgarh. --- Applicant Versus State of Chhattisgarh Through - Police Station - Civil Line, District - Bilaspur, Chhattisgarh. --- Non-applicant RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 For Applicant : Mr. Ravi Kumar Bhagat, Advocate. For Non-Applicant/State : Dr. Saurabh Kumar Pande, Deputy A.G. Ms. Shailja Shukla, Deputy G.A. Mr. S.S. Baghel, Deputy G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/06/2025 1. Since the above-mentioned three anticipatory bail applications arise out of same incident and registered at same police station, they are clubbed and heard together and are being disposed of by this common order. 2. These are the first anticipatory bail applications filed under Section 482 of Bharatiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrested in connection with Crime No. 1211/2024 in MCRCA No. 800/2025, Crime No. 1210/2024 in MCRCA No. 802/2025 and Crime No. 1213/2024 MCRCA No. 830/2025 registered at Police Station- Civil Line, District Bilaspur (C.G.), for the offence punishable under Sections 318(4), 336(3), 338, 340(2), 61(2) and 111 of the Bharatiya Nyaya Sanhita, 2023, (for short ‘BNS’). 3. Case of the prosecution, in brief, is that the complainant, namely, Nand Kumar Shandilya, Govind Chandra and Sanjit Tandon filed written complaint against main accused Guru Shankar Divya and Kapil Goshwami alleging therein that the applicant along with other co-accused persons have fraudulently taken money from complainants for provide Government Job. On the basis of said complaint, Police lodged the above-mentioned offence against the 3 present applicant. During the investigation the name of present applicant came in light from the memorandum statement of main accused, thereafter, the offence has been registered against the applicant. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the complainant has failed to show how the applicant was involved in the alleged crime and has falsely implicated him. In the memorandum of the main accused Kapil, Rajendra Palenge, and Gurushankar Divya, it is merely stated that the applicant used to bring persons seeking employment. This suggests the complainant would have come into contact with the applicant and identified him, but neither the written complaint nor the FIR mentions the applicant’s name, description, or role, making the prosecution case weak and baseless. He further submits that the applicant’s relative, Rukmani Chouhan, is Sarpanch of village panchayat Aamapali and due to political rivalry, the applicant has been falsely roped in to harass him and his family. There is no allegation that the applicant issued any appointment order, gave employment-related documents, or received any money from the complainant. The FIR is delayed, the delay is unexplained, and the memorandum is weak evidence. Therefore, he prays for grant of bail to the applicant. 5. On the other hand, learned State counsel opposes the application for grant of anticipatory bail and submits that the applicant along with other co-accused persons have fraudulently taken money from complainants in the name of providing government job, further co- 4 accused person, namely, Rishi Nayak, has already been rejected anticipatory bail by this Court in MCRCA Nos. 93/2025 and 95/2025 vide order dated 17.01.2025. Further the applicant has 03 criminal antecedents, therefore, the applicant is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the nature of allegation made against the present applicant that he along with other co-accused persons have fraudulently taken money from complainants in the name of providing government job, further co-accused person, namely, Rishi Nayak, has already been rejected anticipatory bail by this Court in MCRCA Nos. 93/2025 and 95/2025 vide order dated 17.01.2025, also considering the fact that the applicant has 03 criminal antecedents, as such, he is a habitual offender. Accordingly, the anticipatory bail application of the applicant - Ishwar Chouhan, involved in connection with Crime No. 1211/2024 in MCRCA No. 800/2025, Crime No. 1210/2024 in MCRCA No. 802/2025 and Crime No. 1213/2024 MCRCA No. 830/2025 registered at Police Station- Civil Line, District Bilaspur (C.G.), for the offence punishable under Sections 318(4), 336(3), 338, 340(2), 61(2) and 111 of the Bharatiya Nyaya Sanhita, 2023, is rejected. - Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan