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2025 DAILYLAW 40738 (CHH)

MANOJ KUMAR PRAJAPATI v. STATE OF CHHATTISGARH

MCRCA/1310/2025 · 2025-09-07

Smt Rajani Dubey

body2025

Judgment text

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1 2025:CGHC:45602 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No.1310 of 2025 1 - Manoj Kumar Prajapati S/o Late Bindeshwari Prajapati Aged About 48 Years R/o Village Aaragahi Post- Aaragahi Police- Station Ramanujganj District- Balrampur Ramanujganj (C.G.) Appellant (s) versus 1 - State Of Chhattisgarh Through S.H.O. Ramanujganj, District- Balrampur Ramanujganj (C.G.) Respondent(s) For Appellant (s) : Mr. Awadh Tripathi, Advocate For Respondent(s) : Mr. Afroj Khan, PL Hon’ble Smt. Justice Rajani Dubey Order on Board 08/09/2025 1. The accused/applicant has moved this First Anticipatory Bail Application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023, as he is apprehending his arrest in connection with Crime No.68/2018, registered at Police Station Ramanujganj, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Section 420 read with Section 34 of Digitally signed by R NIRALA 2 BNS and Section 10 of the Chhattisgarh Depositors Protection Act. 2. Case of the prosecution in brief is that present applicant along with other-co accused persons collected money in the name of Excellent Green Forest India Ltd Plant and Agriculture Product Bank and issued bonds to the customers who deposited the money and thereafter the accused persons ran away after closing the aforesaid company. Thereafter a case was registered against the accused persons. 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He further submits that initially the name of the appellant was not mentioned in the FIR and subsequently vide order dated 20.05.2025 he was made accused by the learned Trial Court on the application filed by the prosecution under Section 319 of CrPC, though initially he was made witness by the prosecution. He next submits that the co-accused Rakesh Kotiya has already been granted regular bail by this Court vide order dated 12.12.2019 in MCRC No.6616/2019 and thereafter the co- accused Rajvir Kotiya has also been granted regular bail by this Court vide order dated 09.01.2020 in MCRC No.7337/2019. Therefore, the present applicant may also be granted anticipatory bail. 4. On the other hand, counsel for the State opposes the bail application of the applicant. 3 5. Considering the facts and circumstances of the case, nature of allegation and for the fact that initially the present applicant was not made the accused and subsequently he was made accused vide order dated 20.05.2025 by the learned Trial Court and the co accused persons have already been granted regular bail by this Court, therefore without further commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to grant anticipatory bail to the applicant. 6. Accordingly, the bail application is allowed. It is directed that in the event of arrest of the applicant in connection with aforesaid crime number, he shall be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one local surety for the like sum to the satisfaction of the concerned arresting/ investigating officer or the Court concerned, as the case may be, with the following terms and conditions: (i) that the applicant shall make himself available for interrogation before the concerned investigating officer as and when required. (ii) that the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts or the case as to dissuade him/her from disclosing such facts to the Court or to any police officer; (iii) that the applicant shall not act in any manner which will be prejudicial to fair and expeditious trial; and (iv) that the applicant shall appear before the trial Court 4 on each and every date given to him by the said Court till disposal of the trial. Sd/- Rajani Dubey Judge Nirala