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2025 DAILYLAW 26829 (CHH)

PRAHLAD RATHORE v. STATE OF CHHATTISGARH

MCRC/4605/2025 · 2025-07-16

body2025

Judgment text

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1 2025:CGHC:33832 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4605 of 2025 • Prahlad Rathore S/o Shri Bodhan Singh Rathore Aged About 41 Years R/o Village Lalpur Tahsil Pendra Road District - Gaurela Pendra - Marwahi (C.G.) ... Applicant versus • State Of Chhattisgarh Through P.S. Gaurela District - Gaurela Pendra Marwahi (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Dhirendra Pandey, Advocate For Respondent/State : Mr. Amit Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/07/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.121/2025 registered at Police Station- Gaurela, District - Gourela-Pendra-Marwahi (C.G.), for the offence punishable under Section 420 of IPC. 2. Case of the prosecution, in brief, is that a complaint was made by the Complainant i.e. Mudrika Singh to the effect that the accused VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.19 11:32:55 +0530 2 Prahlad Rathore, while introducing himself as an agent of the share market, said that whatever money you deposit with him, you will get 5 to 20 percent interest on it, then he got convinced by his words and started making cash and bank transactions Through this medium, he gave Rs. 1,00,000 to the accused. After a few days, when the said money was not returned, the accused said that he would get his entire money in the month of May. Thereafter, he continuously contacted the accused but he did not pick up the phone and after a few days his phone was found switched off, he could not contact him. Thus, when accused Prahlad Rathore lodged a complaint in the police station about the applicant getting Rs. 1,00,000 by fraud, a crime was registered under Section 420 of the Indian Penal Code at Police Station Gaurela and the case was taken up for investigation. Apart from the applicant, the accused obtained a total of Rs. 54,00,000 by cheating many other people. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and the prosecution story based upon memorandum statement of the co-accused. He further submits that the applicant is in jail since 17.05.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. He further submits that applicant has four criminal antecedents for the offence under Section 420 of IPC, the applicant is in jail since 17.05.2025. As such, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case 3 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 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, this second bail application of applicant – Prahalad Rathore involved in Crime No.121/2025 registered at Police Station-Gaurela, District - Gourela-Pendra-Marwahi (C.G.), for the offence punishable under Section 420 of IPC, is rejected at this stage. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali