Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 36365 (CHH)

GANESH RAJU v. STATE OF CHHATTISGARH

MCRC/6004/2025 · 2025-09-03

Shri Naresh Kumar Chandravanshi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:45301 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6004 of 2025 Ganesh Raju S/o Late Shri G. Mangaiya Aged About 53 Years R/o Lig1/368, Housing Board Industrial Area, P.S. Jamul, Bhilai, Dist. Durg Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer (Sho) P.S. City Kotwali Dist. Raipur Chhattisgarh ... Respondent {Cause title is taken from Case Information System} For Applicant : Mr. Devershi Thakur & Mr. Ashutosh Biswas, Advocate For Res/State : Mr. Rajeev Bharat, Govt. Advocate Hon'ble Mr. Justice Naresh Kumar Chandravanshi Order on Board 04.09.2025 1. This is the second bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sahita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.145/2023 {Criminal Case No. 11151 /2023} registered at Police Station – City Kotwali, District Raipur (C.G.), for commission offence punishable under Sections 419, 420, 467, 468, 471, 201 and 120-B of the IPC. His first application was dismissed on merits by this Court vide order dated 09.10.2023 passed in M.Cr.C. No. 3908 of 2023. 2 2. Case of the prosecution, in brief, is that applicant in connivance with other co-accused persons being Direct Selling Agent of M/s Fullerton India Credit Company Limited (in short, the Finance Company) have prepared forged and fabricated loan documents and on the basis of which 15 persons were illegally sanctioned loan by the aforesaid Finance Company to the tune of Rs. 2,38,63,000/- for purchasing of 15 Trucks. The Equal Monthly Installments (EMI) were paid for some time, however, when they stopped paying EMI, the Finance Company verified their loan documents processed by the applicant on the basis of which, they were sanctioned loan. The Finance Company found the documents of aforesaid 15 Truck owners totally forged and fabricated. None of 15 owners were found on the given address. 3. Learned counsel for the applicant submits that applicant's first bail application bearing M.Cr.C. No. 3908 of 2023 was dismissed on merits by this Court vide order dated 09.10.2023. Charge-sheet has been filed on 19.7.2023, till date out of total 26 prosecution witnesses, only six witnesses have been examined, therefore, conclusion of the trial is likely to take long time, whereas the applicant is in jail since more than about 28 months. He further submits that in similarly situated case bearing Crime No. 11/2022 registered at Police Station Khamtarai, District Raipur for alike offences, the applicant has been granted regular bail by the Coordinate Bench of this Court vide order dated 21.4.2023 passed in M.Cr.C. No. 849 of 2023. Immediately after releasing in aforesaid case, he was arrested in the instant case, as such, applicant is in jail in total since 11.12.2022. It is further submitted that the applicant is permanent resident of District Durg, therefore, 3 there is no chance of his absconding, hence, the applicant may be enlarged on regular bail. 4. Per contra, counsel for the State while opposing the bail application would submit that applicant & other co-accused persons by preparing forged & fabricated loan documents had provided loan of huge amount of Rs. 2,38,63,000/- to other co-accused persons and thereby cheated aforesaid Finance Company. He further submits that one more similar case has been registered against the applicant bearing Crime No. 11/2022 at Police Station Khamtarai, District Raipur, therefore, the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary with utmost circumspection. 6. The applicant's first bail application was dismissed on merits by this Court vide order 9.10.2023, thereafter, till date out of total 26 prosecution witnesses, only six witnesses have been examined. In this case, the applicant is in custody since 25.04.2023; conclusion of the trial is likely to take long time, as huge number of witnesses are yet to be examined. Thus, considering totality of the facts, I feel inclined to grant bail to the applicant. 7. Accordingly, the bail application is allowed. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the concerned Trial Court, he shall be released on bail on the following conditions. (i) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so 4 as to dissuade him from disclosing such fact to the Court, (ii) He shall not act in any manner which will be prejudicial to fair and expeditious trial, and (iii) He shall appear before the trial Court on each and every date given to him by the said Court till disposal of the (iv) He shall not involve himself in any offence of similar nature in future. Sd/- (Naresh Kumar Chandravanshi) Judge AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.09.08 11:22:12 +0530