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2025 DAILYLAW 45486 (CHH)

MUKESH KUMAR CHOUDHARI v. STATE OF CHHATTISGARH

MCRCA/1460/2024 · 2025-01-02

Smt Rajani Dubey

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Judgment text

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1 2025:CGHC:143 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1460 of 2024 1 - Mukesh Kumar Choudhari, S/o Ravilal, Aged About 47 Years, R/o Village Mokhaputka, Police Station Saraipali, Tahsil Saraipali, District- Mahasamund, Chhattisgarh. ... Applicant versus 1 - State of Chhattisgarh Through Station House Officer- Saraipali, District- Mahasamund, Chhattisgarh. ... Respondent For Applicant : Mr. Pawan Kesharwani, Advocate For Respondent/State : Mr. Akhilesh Kumar, G.A. Hon'ble Smt Justice Rajani Dubey Order on Board 02.01.2025 1. Applicant has filed this fourth bail application under Section 482 of B.N.S.S. for grant of anticipatory bail as he is apprehending his arrest in 2 connection with Crime No.258 of 2022 registered at Police Station- Saraipali, District- Mahasamund, Chhattisgarh for the offence punishable under Section 420 of the IPC. 2. Earlier bail applications of the applicant were dismissed. 3. Case of prosecution, in brief, is that the complainant lodged a written report alleging that the present applicant fetched a conspiracy as nominee of his father Late Shri Ravilal Choudhari, while mother of applicant is alive and executed a forged nominee agreement. Applicant also withdrew amount from the bank account of his father. 4. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the case. He further submits that no evidence regarding the involvement of the applicant in the alleged offence, has been produced by the prosecution. Therefore, no case is made out against the applicant for the offence under Section 420 of IPC. Hence, the present applicant may be granted benefit of anticipatory bail. 5. On the other hand, counsel for the State opposes the application for anticipatory bail. 6. After hearing counsel for the parties, considering the facts and circumstances of the case, nature of allegation and further considering the fact that earlier the first bail application of the applicant was dismissed on merit, I do not find any change of circumstance to entertain this repeat bail application, at this stage, this Court is of the considered opinion that it is not a fit case to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application filed under Section 482 of the B.N.S.S. is rejected. Sd/- (Rajani Dubey) JUDGE Ruchi RUCHI YADAV Digitally signed by RUCHI YADAV