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2025:CGHC:26524
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4736 of 2025 1 - Bhukhan Lal Arya S/o Late Ram Lal Arya Aged About 46 Years R/o Gram Bhediya Nawagaon, P.S. Balod Dist. Balod, Ward No. 10 P.S. Dantewada, District Dantewada
... Applicant versus 1 - State of Chhattisgarh Through - Station House Officer, Dantewada, District Dantewada Chhattisgarh
... Respondent For Applicant : Mr. Shubham Bajpai, Advocate For Respondent : Mr. Malay Jain, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice
Order on Board 20/06/2025
1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 20/2022 registered at Police Station – Dantewada, District – Dantewada (C.G.) for the offence punishable under Section 409, 420, 467, 468, 471 of IPC.
2. As per prosecution story in brief is that the present applicants along with other person with the object of deceiving and committing fraud, during the time of 28.04.2020 till 28.01.2024 VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.06.24 10:28:05 +0530
2 malafidely and with ill intention of cheating the complainant Shri Naresh Minj did not deposited the amount of Rs.21,58,330/- in the account of State Bank of India belonging to the Antvavsayi Sahkari Vikas Samiti, Dantewada, thereby embezzling the amount and committed fraud. That, in light of the above information, the Police Station-Dantewada registered Crime No.20/2022 on 03.03.2022 and in consequence of the same applicant was arrested on 08.07.2024.The applicant preferred an application of grant of Bail before the Ld. Court below, which was dismissed vide order dt. 10.12.2024. Hence this application is filed before the Hon'ble Court.
3.
Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case. He submits that the police has registered a crime only on the basis of suspicion and presumption, there is no evidence against the applicants for alleged commission of offence. He further submits that there is 14 witnesses have been examined and has not supported the prosecution case and applicant had preferred an application for regular bail before the learned trial Court but the same has been rejected by the learned trial Court. He also submits that the present applicant is in jail since 08.07.2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant.
4. On the other hand, learned State counsel, opposes the bail application and submits that the present case is of the nature of
3 online fraud, by which the complainants suffered of huge amount. He also submits that applicant has no previous criminal antecedent, therefore, the present applicant is a habitual offender and he is not entitled for grant of regular bail. Thus, the bail application deserves to be rejected.
5. I have heard learned counsel for the parties and perused the case 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 online 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 – Bhukhan Lal Arya involved in Crime No. 20/2022 registered at Police Station – Dantewada, District – Dantewada (C.G.) for the offence punishable under Section 409, 420, 467, 468, 471 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