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2025 DAILYLAW 37031 (CHH)

GOPAL PRASAD JANGDE v. STATE OF CHHATTISGARH

MCRCA/1166/2025 · 2025-07-31

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Judgment text

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1 2025:CGHC:38107 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1166 of 2025 • Gopal Prasad Jangde S/o Ram Pyare Jangde Aged About 34 Years R/o Villlage- Mudwabhantha, Koshir, Thana Koshir, District- Sarangarh-Bilaigarh C.G. ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station- Sarangarh, District- Sarangarh-Bilaigarh C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Vivek Verma, Advocate For Respondent/State: Dr. Saurabh Kumar Pande, Dy.A.G For Objector Mr. Ravi Pal Maheshwari, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 01.08.2025 1. The applicant has preferred this application under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 242/2025, registered at Police Station – Sarangarh, District – Sarangarh-Bialigarh (C.G.) for the alleged commission of offence punishable under Section 318(4), Section 3(4) of the BNS. 2. According to the prosecution story, the complainant Ashok Kumar Khare filed complaint before the Thana Sarangarh against the applicant and Shyam Kumar Jangde and alleged that the Shyam VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.07 11:24:18 +0530 2 Kumar Jangde open the loan lender office and sanction the loan from the various bank to the Suresh Kumar Anant, Pushpa Anant and Ashok Kumar Khare and also Murlidhar Anant and subsequently the not repay the loan installment to the bank and the total amount of Rs. 95,94,800 has not been repaid. That the agreement executed by the Shyam Sundar Jangde and he issued the cheque in favor of the Suresh Anant, Murlidhar Anant, Pushpa Anant and Ashok Kumar Khare, the Shyam Sundar Jangde has not provided repay of finance loan amount and have embezzled the amount Rs. 95,94,800 with the complainant based upon such complained the police station has registered an offense under section 318(4), 3(5) of the BNS. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the loan which was being promised to be taken by the victims was by his brother Shyam Sunder Jangde, who assured them for getting loan and he received Rs.2,73,21,900/-. So far as the applicant is concerned, it is argued that though it was the account of the present applicant, but it was being misused by his brother Shyam Jangde, and some notices were also issued to his brother under Section 138 of Negotiable Instrument Act by the victims. So far as the applicant is concerned and he was not having the knowledge of about the said fact that his account has been misused by his brother. Therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel as well as learned counsel for the Objector opposes the submission made by the learned counsel for the applicant and further submits that 43 lakhs has been transmitted in the account of the applicant and it can not be said that the applicant is an innocent person and he was also involved in 3 crime in question. Therefore, he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence and material on record in the case diary and also considering the fact that 43 lakhs has been found in the account of the applicant and it can not be said that the applicant has no knowledge of about the said transactions, as on the other hand it goes to show that the applicant was involved in crime in question along with the co-accused, who was his brother I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant–Gopal Prasad Jangde filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No. 242/2025, registered at Police Station – Sarangarh, District – Sarangarh-Bialigarh (C.G.) for the alleged commission of offence punishable under Section 318(4), Section 3(4) of the BNS, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaishali