1 2025:CGHC:1815 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 43 of 2025 Amanraj Diwakar S/o Shri Rajkumar Diwarkar Aged About 27 Years R/o Vill- Podirachha, P.S. Nawagarh, Dist- Janjgir-Champa (C.G.) ... Applicant versus State of Chhattisgarh Through- S.H.O., P.S. Nawagarh, Dist.- Janjgir- Champa (C.G.) ... Non-applicant For Applicant : Mr. Ravindra Sharma, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 1 0.01.2025 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 342/2023, registered at Police Station – Nawagarh, District- Janjgir-Champa (C.G.) for the alleged commission of offence punishable under Sections 420, 467, 468, 471, 34 of IPC. 2. As per the prosecution’s case, the complainant, Gautam Ratnakar, lodged a complaint on 22.11.2023, alleging that the applicant’s father assured him of arranging a job as a Computer Operator in South Eastern Coalfields Ltd. (SECL), Bilaspur, and received Rs. 20 lakh in RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.13 10:38:16 +0530 2 cash and through the PhonePe app. The complainant also provided payment details. It is further alleged that the applicant’s father claimed to be employed and stated that he had arranged jobs for others in the past. Relying on this assurance, the complainant paid the amount. The applicant’s father gave him three cheques as security. Subsequently, after receiving the payment, the applicant’s father sent a joining letter to the complainant via WhatsApp and orally informed him that the salary would be Rs. 8,500/-. However, when the complainant approached the SECL ofÏce for joining, he was informed by the ofÏcers that no advertisement had been issued for the said post and that the joining letter was forged. The complainant contacted the applicant’s father again, who assured him of arranging a job in Madhya Pradesh. When the complainant demanded his money back, the applicant’s father failed to return it. It is also alleged that the applicant’s younger brother, who is in the Indian Army, assured the complainant that the amount would be returned, but he too failed to fulfill this assurance. Despite repeated demands, the complainant’s money was not returned, prompting him to lodge a complaint against the applicant’s father. Based on the complaint, P.S. Nawagarh registered Crime No. 342/2023 for alleged offenses punishable under Sections 420, 467, 468, 471, and 34 of the IPC and arrested the applicant’s father on 22.11.2023. The applicant’s father filed a bail application before this Hon’ble Court, which was granted on 13.12.2023. A similar complaint was earlier registered against the applicant at P.S. Janjgir on 08.06.2023, where he was arrested on the same day and subsequently granted bail by this Hon’ble Court on 05.10.2023 in M.C.R.C. No. 5043/2023. After the applicant’s release on bail, a 3 second FIR was registered against him and his father on 22.11.2023 at P.S. Nawagarh (Crime No. 342/2023), making similar allegations. While the applicant’s father was arrested, the FIR does not contain a single specific allegation against the applicant. He has been made an accused in this case solely because he had paid a substantial part of the complainant’s loan amount on 08.05.2023. It is also submitted that the applicant had previously filed a complaint against the complainant and others. 3. Learned counsel for the applicant submitted that the applicant has been falsely implicated in this case. He also submits that the applicant has received some amount from the complainant and that he has already returned the substantial amount but only in order to harass the applicant the false complaint has been lodged against the applicant and his father. He further submits that there is some transaction depute between the complainant and the applicant therefore the complaint has been registered against the applicant and his father. He further submits that the complainant has also given a receipt of receiving of Rs. 9,50,000/- from the applicant even thereafter he has made a false complaint against the applicant and his father. He further submits that other co-accused person, namely, Rajkumar Diwakar in MCRC No. 8590/2023, vide order dated 13.12.2023, has already been granted regular bail by co-ordinate Bench of this Court. 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 the 4 applicant and his father, have committed fraud by taking money Rs. 20 lakh from the complainant on the pretext of providing job as a Computer Operator in South Eastern Coalfields Ltd. (SECL), Bilaspur, and they failed to provide the promised job and did not return the money to them. Therefore, he is not entitled for grant of anticipatory bail in the present matter. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence and material on record in the case diary also considering the fact that the applicant and his father, have committed fraud by taking money Rs. 20 lakh from the complainant on the pretext of providing job as a Computer Operator in South Eastern Coalfields Ltd. (SECL), Bilaspur, and they failed to provide the promised job and did not return the money to them, therefore, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant – Amanraj Diwakar, involved in Crime No. 342/2023, registered at Police Station – Nawagarh, District- Janjgir-Champa (C.G.) for the alleged commission of offence punishable under Sections 420, 467, 468, 471, 34 of IPC, is rejected. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan