Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:27477
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 897 of 2025 1 - Jitendra Singh Thakur S/o Late Shyamlal Thakur Aged About 54 Years R/o Housing Board Colony Balodabazar, P.S. City Kotwali Balodabazar, District Balodabazar Bhatapara Chhattisgarh
... Applicant versus 1 - State Of Chhattisgarh P.S. City Kotwali Balodabazar, District Balodabazar Bhatapara Chhattisgarh
... Respondent For Applicant : Mr. A.S. Rajput, Advocate For Respondent/State : Mr. Amit Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 24.06.2025
1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail to the applicant who is apprehending his arrest in connection with Crime No. 411/2024 registered at Police Station – City Kotwali District Baloda-Bazar, Bhatapara (C.G.) for the offence punishable under Section 379, 392, 34 of IPC. 2. Prosecution case in brief is that the on 05.01.2024 at about 6.00 pm the co-accused Ashutosh who is officer of Cholamandalam went to the house of complainant Akash Sahu to ascertain the location of vehicle, at that time the complainant was at Ambikapur, therefore, he
2 told his father over mobile phone to inform the location, upon arriving at the specified location the co-accused Ashutosh was informed that he would need to pay INR 7.50 lakhs to avoid the seizure of vehicles. The complainant responded that he had already paid Rs.82,000/- on 02.01.2024, then only INR 56,000 was requested, with the assurance that the remaining amount would be paid within 5 days. Complainant assured that INR 58,000/- would be paid within 24 hours as he was working in Ambikapur, at that place before seizure Manak Thakur the father of complainant and Golu Jaiswal agreed to pay the above amount, co-accused Ashutosh was found abusing and threatening with complainant on phone accusing him on being orally involved in politics and alleging that as a congress man he betrayed his people by supporting BJP member, Ashutosh also abused and misbehaved with father of complainant. It was communicated by the complainant that vehicles specifically CG-22-P-7350 and CG-22-P- 7400 were not in operable condition despite this Ashutosh insisted on forceful seizure later that night at 10 pm. both vehicles were unlawfully seized using a tractor and tow-chain crane without any prior notice or panchnama. Consequently, the Police of Police Station City Kotwali Balodabazar has registered the Crime No.411/2024 for offence punishable under Section 379/34 of IPC. 3. Learned counsel for the applicant would submits that the applicant is innocent person and he has been falsely implicated in the present case. He further submits that the complainant had got two trucks financed from the Cholamandalam Finance Company and the father of complainant had to pay Rs.56,000/- to the said Cholamandalam Finance Company.
He also submits that his name was rioped in the present case only because he was also present at the time when the
3 transaction/payment was being made, hence he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of
learned counsel for the parties and nature of dispute and material available in case diary, there appears to be some dispute between the Cholamandalam Finance Company's Officer and complainant on account of which the present applicant's name has been roped in, hence, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant.
7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant Jitendra Singh Thakur, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) He 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) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) He 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
4 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) He shall not involve himself in any offence of similar nature in future. sd/-
(Ramesh Sinha)
CHIEF JUSTICE vaishali