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2025 DAILYLAW 37003 (CHH)

RAJ KUMAR YADU v. STATE OF CHHATTISGARH

MCRCA/1117/2025 · 2025-07-27

Shri Deepak Kumar Tiwari

body2025

Judgment text

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1 2025:CGHC:36376 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1117 of 2025 Raj Kumar Yadu S/o Shiv Kumar Yadu Aged About 43 Years R/o Flat No. A- 102, Phase-2, Rachana Sayant, Seminary Hill Road, Friends/ Fred Colony, Hajaripahad, P.S. - Sadar, District - Nagpur (Maharashtra) - 440007 --- Applicant. versus State Of Chhattisgarh Through - P.S. - Bhilai Nagar, State Bank Colony, Sector-6, Bhilai, District - Durg, Chhattisgarh - 490006 --- Respondent. WITH MCRCA No. 1119 of 2025 Dhruv P. Patel Son of Pankaj Patel, aged about 33 years, R/o A-602, Shiv Sangath Hills Flat, Jintan Udhyog Nagar, Opposite (New) Luthar Suthar V (Vadi), Behind Gokul Hotel, Sunder Nagar, P.S. - Jintan (Jitan) Udyog Nagar, District - Sundernagar (Gujurat) - 363001. ---Applicant. Versus State Of Chhattisgarh Through P.S. Bhilai Nagar, State Bank Colony, Sector - 6, Bhilai, District - Durg, Chhattisgarh - 490006. --- Respondent. WITH MCRCA No. 1118 of 2025 Abhijit Panari S/o Sambhaji Panari Aged About 46 Years R/o Present and Correct Address - Flat No.-301, Bharat Petroleum Corporation Limited (B.P.C.L.), Residential Colony, Jyoti Nagar, Kalawad Road, Rajkot (Gujrat) Pin Code 360005, (Note - Address Mentioned In Order Incorrectly) ---Applicant. Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT OF CHHATTISGARH, o=HIGH COURT OF CHHATTISGARH, st=CHATTISGARH, c=IN Date: 2025.07.28 16:00:10 +0530 2 Versus State Of Chhattisgarh through - P.S. - Bhilai Nagar, State Bank Colony, Sector- 6, Bhilai, District - Durg, Chhattisgarh - 490006 --- Respondent. For Applicants : Mr. Manoj Paranjpe with Mr. Sourabh Sharma, Advocates. For Respondent/State : Mr. Dilman Rati Minj, Govt. Advocate. SB : Hon'ble Shri Justice Deepak Kumar Tiwari, J. Order on Board 28.07.2025 1. Since all three anticipatory bail applications arise out of common crime number, they are being heard analogously and disposed of by this order. 2. These applications under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 have been filed by the accused/applicants for grant of anticipatory bail in connection with Crime No.585/2021 registered at Police Station Bhilai Nagar, District Durg for the offences under Sections 420, 467, 468 and 471 of the Indian Penal Code. 3. Prosecution case, in brief, is that the complainant Ajay Ghosh and main accused Shashi Ranjan entered into partnership business of petrol pump styled as "M/s Classic Fuels" for share of 49% in respect of Shashi Ranjan and 51 % in respect of the complainant. Later on, the accused Shashi Ranjan proposed the complainant for purchasing the entire stake for a consideration of Rs.1,70,00,000/-. Thereafter, the accused after giving certain amount promised the complainant to pay the remaining amount after marriage of the complainant's daugther and when he will returned from Kerala. However, when the complainant returned from 3 Kerala, he found that the main accused in connivance with officers of Bharat Petroleum Corporation Limited transferred all the documents and rights of the Petrol Pump in his favour and told him that he is the sole proprietorship of petrol pump. It is also alleged the accused Shashi Ranjan in connivance with the present accused who are the officers of BPCL namely Raj Kumar Yadu, Regional Manager and Enquiry Committee member, Abhijeet who is Territorial Manager and Dhurv P. Patel who is Sales Manager of BPCL by using forged papers remove the name of complainant. It is also alleged that the main accused has used and made the forged signature of the complainant in the documents and when the said fact bring to the notice of the complainant, the accused has promised to return the money and admitted his mistake. However, the amount has not been paid to the complainant. On the basis of aforesaid allegations, offences as above have been registered and against the present applicants and co-accused. 4. Learned counsel for the applicants submits that the applicants are reputed officers of the BPCL and they are innocent and falsely implicated in the crime in question. He further submits that the present applicants have performed their duties as per rules and regulation of the BPCL with regard to transfer of petrol pump. He also submits that since the applicants have not committed any mistake, therefore, no departmental enquiry has been initiated against the present applicants. It is further submitted that earlier also the complainant has made similar nature of complaint before the Police Station Bhilainagar and after investigation it was found that transfer of firm was made in proper 4 manner and subsequently the said complaint was closed on 15.10.2019 and communication was also made to the complainant. He also submits that the main accused Shashi Ranjan has already been granted anticipatory bail by this Court in MCRCA No.1673/2021 vide order dated 04.02.2022 and role of the present applicants is much lesser and inferior from the main accused. Counsel further submits that the complainant has also filed writ petition before this Court bearing WPC No.1077/2020 on 20.03.2020 with regard to the similar issue related to Petrol Pump which is pending consideration and present FIR has been lodged subsequently on 01.12.2021. Counsel also submits that the complainant has also filed petition for cancellation of bail granted to the Shashi Ranjan, however, same has been dismissed vide order dated 17.06.2025 in CRMP No.1864/2025. Therefore, the present bail applications deserve to be allowed and prays to grant anticipatory bail to the applicants. 5. On the other hand, learned State counsel vehemently opposes the prayer for bail, however, he does not dispute the fact that in the earlier complaint after investigation no substance was found and the complaint was closed and information in this regard was also communicated to the complainant by the Police Station Bhilainagar. 6. Having regard to aforesaid submission made by learned counsel for the parties and considering the facts and circumstances of the case, further considering that against the present applicants who are the officers of the BPCL only allegation is that they have not made proper enquiry in respect of transfer of firm and main allegation is against the co-accused 5 Shashi Ranjan who has already been granted anticipatory bail in MCRCA No.1673/2021 and also keeping in view the fact that in the earlier complaint after after investigation the police has not found any offence and closed the complaint and also made communication in this regard to the complainant, this Court deems it appropriate to grant anticipatory bail to the present applicants. 7. It is directed that in the event of arrest of the applicants, on furnishing each of them a personal bond in the sum of Rs.100,000/- (One Lac) with one surety each for the like sum to the satisfaction of the concerned Court, they shall be released on bail, on the following conditions:- (a) they shall make themselves available for interrogation by a police officer as and when required, (b) they 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 them from disclosing such fact to the Court or to any police officer, (c) they shall not act in any manner which will be prejudicial to fair and expeditious trial, (d) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial, (e) they shall not involve themselves in any offence of similar nature in future. Sd/- (Deepak Kumar Tiwari) Judge Ajay