Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:34060
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1054 of 2025 Thamas Tirkey Son Of Late Dewar Tirkey Aged About 50 Years Resident Of House No H-9, R.D.A. Colony P.S. Tikrapara District Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer Police Station Devendra Nagar Raipur District Raipur(C.G.)
... Respondent For Applicant : Shri Umesh Pandey, Advocate. For Respondent/State : Shri Jitendra Shrivastava, G.A.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board 18/07/2025
1. The applicant has preferred this third application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.122/2016 registered at Police Station Devendra Nagar, Raipur, District Raipur (C.G.) for the alleged commission of offence punishable under Sections 420, 467, 468, 471 /34 of I.P.C. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.21 17:05:47 +0530
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2. Case of the prosecution, in brief, is that complainant has lodged report to the concerned police station with intend that the accused person have collected number plate, house number plate, adhar card and smart card from the complainant for the scheme of Rashtriya Beema Yojna and they have embezzled the amount of Rs. 2,50,000/- by forged signature in agreement. Based upon such complaint made by the complainant police has registered the offence under sections 420, 467, 468, 471/34 of I.P.C. against the accused persons.
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Learned counsel for the applicant submits that the first anticipatory bail application of the applicant was dismissed for want of prosecution on 14/12/2018 vide MCRCA No.631/2018 and second anticipatory bail application of the applicant was dismissed as withdrawn on 02/04/2019 vide MCRCA No.430/2019. He would submit that this third anticipatory bail application is filed on the ground that co-accused persons namely Keshav Patel @ Krishna Gopal Patel and co-accused person Rajesh Khande have been granted regular bail by the coordinate bench on 28/11/2017 vide MCRC No.3520/2017 and MCRC No.4913/2017, therefore present applicant is entitled to be released on anticipatory bail.
4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail.
5. I have heard learned counsel for the parties and perused materials available on record.
6. From perusal of the records, it transpires that this is the third anticipatory bail application of the applicant and first anticipatory bail
3 application of the applicant was dismissed for want of prosecution on 14/12/2018 vide MCRCA No.631/2018 and second anticipatory bail application of the applicant was dismissed as withdrawn on 02/04/2019 vide MCRCA No.430/2019 with a direction to the concerned court to decide the regular bail application of the applicant preferably on the same day on applicant’s surrender before the said court. Now the applicant has come up before this court for grant of anticipatory bail on the ground that co-accused persons namely Keshav Patel @ Krishna Gopal Patel and co-accused person Rajesh Khande have been granted regular bail by the coordinate bench on 28/11/2017 vide MCRC No.3520/2017 and MCRC No.4913/2017 which cannot be a ground to entertain this third anticipatory bail application of the applicant.
7. Accordingly, the third anticipatory bail application of the applicant - Thamas Tirkey, involved in Crime No.122/2016, registered at Police Station Devendra Nagar, Raipur, District Raipur (C.G.) for alleged commission of offence punishable under Sections 420, 467, 468, 471 /34 of I.P.C is rejected. Sd/-Sd S S Sd/- (Ramesh Sinha)
Chief Justice
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