1 2025:CGHC:48811 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1470 of 2025 Girish Jolhe S/o Shri Hemlal Jolhe Aged About 34 Years R/o Village- Hirri, P.S. Sarangarh, Distt. Sarangarh-Bilaigarh C.G. ... Applicant versus 1 - State Of Chhattisgarh Through Police Station- Sarangarh, Distt. Sarangarh-Bilaigarh C.G. 2 - Ashok Kumar Khare S/o Shri Jeevrakhan Lal Aged About 48 Years R/o Village- Barbhatha, Tah. Nawagarh, Distt. Janjgir Champa C.G. ... Respondents For Applicant : Shri Manoj Kumar Sinha, Advocate. For Respondent/State : Shri Jitendra Shrivastava, GA. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23/09/2025 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.24 15:22:03 +0530 2 Crime No.242/2025 registered at Police Station – Sarangarh, Distt. Sarangarh Bilaigarh (CG.). for the offences punishable under Sections 318(4), 3(5) of Bharatiya Nyaya Sanhita (BNS) 2023. 2. Brief facts are that complainant, Ashok Kumar Khare, a teacher, alleged that Shyam Sundar Jangde and his brother, Gopal Prasad Jangde, cheated him by obtaining loans from various banks totaling Rs.75,93,999/- without repaying the installments.The accused persons allegedly contacted the complainant, obtained documents, and sanctioned loans from six banks. The complainant claimed that the accused persons did not pay the loan installments, causing financial harm. An FIR was registered under Sections 3(5) and 318(4) of the BNS against Shyam Sundar Jangde and Gopal Prasad Jangde. The applicant, a computer operator working under Shyam Sundar Jangde, was later implicated and arrested. The prosecution case alleges cheating and fraud against the main accused, Shyam Sundar Jangde, while the applicant claims false implication and lack of evidence against him. 3. Learned counsel for the applicant argued that the applicant was arrested in case crime no.74/2025 registered at Police Station City Kotwali, Sarangarh, District Sarangarh, Bilaigarh (CG) for the offence under Section 420/34 of IPC which was lodged on the identical allegations. It is stated that he has been allowed bail by 3 this court in MCRC No.1699/2025 on 15/04/2025 and he remained for two months in jail in the said case and he stated that Shyam Sunder Jangde against whom main allegation was levelled, he was allowed bail in MCRC No.6840/2025 on 29/08/2025 after he remained for six months in jail and it is stated that so far as the present case is concerned, though the anticipatory bail application of the co-accused namely Gopal Prasad Jangde has been dismissed by this Court on 01/08/2025 vide MCRCA No.1166/2025 but as the applicant has remained in jail for about two months in the said case, hence 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, considering the fact that applicant was arrested in case crime no.74/2025 registered at Police Station City Kotwali, Sarangarh, District Sarangarh, Bilaigarh (CG) for the offence under Section 420/34 of IPC which was lodged on the identical allegations and he has been allowed bail by this court in MCRC No.1699/2025 on 15/04/2025 and he remained for two months in jail in the said case and Shyam Sunder Jangde against whom main allegation was levelled, he was allowed bail in MCRC 4 No.6840/2025 on 29/08/2025 after he remained for six months in jail and so far as the present case is concerned, though the anticipatory bail application of the co-accused namely Gopal Prasad Jangde has been dismissed by this Court on 01/08/2025 vide MCRCA No.1166/2025 but as the applicant has remained in jail for about two months in the said case, case of the applicant is distinguishable from the case of co-accused namely Gopal Prasad Jangde, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Girish Jolhe, 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. 5 (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