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2025 DAILYLAW 42809 (CHH)

MUNINDRA LIKHARE v. STATE OF CHHATTISGARH

MCRCA/1422/2025 · 2025-09-24

Smt Rajani Dubey

body2025

Judgment text

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1 2025:CGHC:49216 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1422 of 2025 1 - Munindra Likhare, S/o Lalchand Likhare, Aged About 43 Years, R/o 116, Rajendra Prasad Ward No. 12, Civil Line Bus Stop Chhindwara Lodhikheda, Chhindwara (M.P.) ... Applicant versus 1 - State of Chhattisgarh Through The Station House Officer Police Station- Gandhinagar District- Sarguja (C.G.) ... Respondent(s) For Applicant : Mr. Goutam Khetrapal, Advocate For Respondent(s)/ State : Mr. Afroz Khan, P.L. Hon’ble Smt. Justice Rajani Dubey Order On Board 25/09/2025 1. The present application under Section 482 of the B.N.S.S. has been filed by the applicant who is apprehending his arrest in 2 connection with Crime No.42/2016 registered at Police Station- Gandhinagar, District- Sarguja (C.G.) for commission of offence punishable under Sections 420, 120 B of IPC, Sections 4, 5 of the Prize Chits and Money Circulation Schemes (Banning) Act and Section 10 of Chhattisgarh Protection of Depositors’ Interest Act. 2. Case of the prosecution is that a report was made that B.N. Gold Real Estate Company allured different depositors to deposit money with an assurance to return the same with double amount under the money circulation scheme but subsequently when the time was elapsed, at the time of maturity, the company did not return the amount and it has been closed; thereby, the company has deceived the public at large. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. Learned counsel further submits that there is no named FIR against the applicant and only on the basis of memorandum statement of the co-accused recorded under Section 27 of Evidence Act, applicant has been implicated falsely in this case. He again submits that main accused namely Guruvindar has been granted regular bail by this Court vide order dated 26.04.2024 in MCRC No. 2938 of 2024 and other co-accused persons namely Chaitram Kewat and Dhaneshwar Ram have also been granted regular bail by this Court vide order dated 08.07.2022 in MCRC No. 3510/2022 and order dated 28.06.2016 in MCRC No. 2790/2016 respectively. Further, it has been submitted that in 3 similar set of facts, applicant has been granted benefit of anticipatory bail by Hon’ble Supreme Court vide order dated 14.08.2025 in Special Leave to Appeal (crl.) No. 10619/2025, therefore, he may also be granted anticipatory bail. 4. On the other hand, learned State counsel opposes the anticipatory bail application. 5. After hearing learned counsel for the parties and considering the facts and circumstances of the case, nature of allegation, quality of evidence against the applicant and further considering the fact that main accused person and other co-accused persons have already been granted regular bail by this Court and in another criminal case, applicant has been extended privilege of anticipatory bail by Hon’ble Supreme Court, without commenting anything on merit 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 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.50,000/- 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) he 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 4 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 trial; (iv) he shall not involve himself in any offence of similar nature in future. 7. The observations made in the course of this order are only for considering the case of the applicant on the application for grant of anticipatory bail. The concerned trial Court shall not be influenced or bound by any observations made hereinabove. Sd/- (Rajani Dubey) JUDGE Ruchi RUCHI YADAV Digitally signed by RUCHI YADAV