Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 40472 (CHH)

ATUL VIJAY KAMBLE v. STATE OF CHHATTISGARH

MCRCA/1286/2025 · 2025-08-24

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:43117 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1286 of 2025 Atul Vijay Kamble, Aged About 44 Years, S/o Mr. Vijay Kamble R/o Sai Raj Residency, B-5, Flat 22, Subh Labh, Rajpark Pune Maharashtra ... Applicant versus State Of Chhattisgarh Through The Police Station Bhilai Bhatti, District - Durg (C.G.) ... Respondent For Applicant : Shri Raza Ali, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25/08/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.122/2018 registered at Police Station – Bhilai Bhatti, Dist. Durg (CG) for the offences punishable under Section 420 of IPC. 2. Case of the prosecution, in brief, is that a complaint has been made on dated 29.08.2018 against the applicant that the applicant and complainant came in contact through facebook and became a friend GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.26 16:36:34 +0530 2 and based on which the applicant has taken the amount of Rs. 1,70,000/- from the complainant to provide the land/plot in Durg, and thereafter the land/plot has not been provided and amount has also not been returned, for which the respondent police has registered the FIR against the applicant under the aforesaid sections. 3. It has been argued by learned counsel for the applicant that the case was registered against the applicant in the year 2018 for the incident which had taken place from 25/07/2017 to 21/08/2017 and the applicant had paid Rs.1,70,000/- to the complainant in year 2019 and he has annexed the copy of the bank statement as Annexure A-3. It is stated that he informed the police about the said fact but it appears that the police had submitted charge sheet against him as an absconder. Therefore, considering the fact, the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, material available on record, considering the fact that case was registered against the applicant in the year 2018 for the incident which had taken place from 25/07/2017 to 21/08/2017 and the applicant had paid Rs.1,70,000/- to the complainant in year 2019 and copy of the bank statement is annexed as Annexure A-3, therefore considering the fact, this Court finds it appropriate to grant anticipatory bail to the present applicant. 3 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant –Atul Vijay Kamble, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The applicant 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 him from disclosing such fact to the Court. (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri