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2025 DAILYLAW 2761 (CHH)

MANJEET SINGH HURA v. STATE OF CHHATTISGARH

MCRCA/38/2025 · 2025-01-13

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Judgment text

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1 2025:CGHC:2024 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 38 of 2025 Manjeet Singh Hura S/o Late Buta Singh Hura Aged About 60 Years R/o I Floor Millenium Plaza, Ps Golbazaar, Raipur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through SHO, P.S. Golbazaar, Raipur, Chhattisgarh.. ... Non-applicant For Applicant : Mr. Rajeev Shrivastava, Senior Advocate, assisted by Ms. Sakshi Chhabra, Advocate, as well as Mr. Raja Sharma, Advocate. For Non-applicant/State : Mr. UKS Chandel, Dy. Advocate General. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.01.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 227/2017 registered at Police Station – Golbazaar, Raipur (C.G.) for the offence punishable under Sections 420, 467, 468, 470 and 120B of the Indian Penal Code (In short, IPC). 2. The prosecution story, in brief, is that Babulal Sen and Sanju Sen were availing cash credit loan for partnership firm Sen Travels of Rs. 2 3,00,000/- which was sanctioned on guarantee of Rameshwar Prasad Verma. Later the CC limit was further raised on the strength of further documentation including afÏdavit dated 08.07.2003 of Rameshwar Prasad Verma to Rs. 5,00,000/-, the Rameshwar Prasad Verma's purported signatures for enabling the subsequent raising the CC limit to Rs. 5,00,000/- were forged. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the applicant happens to be the Managing Director of the said Bank, and the FIR is not registered against the Bank for which the applicant being the Managing Director could have been prosecuted had he been in-charge of, and responsible to, the Bank for the conduct of the particular transaction of the Bank which may constitute the crime alleged in the FIR. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that from the perusal of the case diary it transpires that Babulal Sen and Sanju Sen were availing cash credit loan for partnership firm Sen Travels of Rs. 3,00,000/- which was sanctioned on guarantee of Rameshwar Prasad Verma. Later the CC limit was further raised on the strength of further documentation including afÏdavit dated 08.07.2003 of Rameshwar Prasad Verma to Rs. 5,00,000/-, the Rameshwar Prasad Verma's purported signatures for enabling the subsequent raising the CC limit to Rs. 5,00,000/- were forged. Therefore, the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 3 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case diary it transpires that the applicant happens to be the Managing Director of the said Bank, and the FIR is not registered against the Bank for which the applicant being the Managing Director could have been prosecuted had he been in-charge of, and responsible to, the Bank for the conduct of the particular transaction of the Bank which may constitute the crime alleged in the FIR, as such without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Manjeet Singh Hura on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) The Applicant 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) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant 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 their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar