Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:1027
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1457 of 2024 • Akhilesh Chauhan S/o Shri Rambharos Chauhan Aged About 27 Years R/o Vill. Kosmanda, P.S. Champa, Dist.- Janjgir-Champa, C.G.
... Applicant. versus • State Of Chhattisgarh Through Station House OfÏcer, P.S.- Sarkanda, Dist. Bilaspur, C.G.
... Respondent For applicant. : Mr. Anway Tiwari, Advocate. For Respondent/State. : Mr. Ankur Kashyap, Dy. Govt. Advocate.
(Hon’ble Mr. Justice Narendra Kumar Vyas)
Order on Board 07/01/2025
1. This is the first bail application filed by the applicant under Section 4282 of Bharatiya Nagarik Suraksha Adhiniyam, 2023 for grant of anticipatory bail, apprehending his arrest in connection with Crime No. 1411 of 2023, registered at Police Station– Sarkanda, Bilaspur (CG) for the offence punishable under Section 420 & 34 of BNSS.
2. Case of the prosecution, in brief, is that the complainant has lodged a complaint in Police Station Sarkanda, Bilaspur alleging that he is a
2 resident of village Ameri. He has come in contact with present applicant Akilesh Chauhan and he assured the complainant that he will get employment on the post of T.T in the Railway Department, therefore, Rs.7,50,000/- was demanded by the applicant. On the assurance given by the applicant, the complainant through various transactions has given Rs.6,20,000/- to the applicant and thereafter applicant has given joining letter to the complainant which was found to be forged one. Thereafter, the applicant neither has provided employment nor returned the money which he has received from the complainant. On the basis of complaint, FIR was registered against the applicant.
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Learned counsel for the applicant would submit that during pendency of the anticipatory bail, complainant and other co-accused have settled their dispute and the money which has been received by the other co- accused has been returned back to the complainant through cheque. To substantiate his arguments he has filed photo copy of the cheque of Rs.6,20,000/- given to the complainant which has been encashed and the said amount has already been credited to the account of the complainant.. He would further submit that the case of the present applicant is similar to the case of other co-accused Ashish Das who has already been granted anticipatory bail by this Court vide order dated 16-2-2024 passed in MCRCA No 101 of 2024, Therefore, he would submit that the applicant may be granted anticipatory bail on the ground of parity.
4. On the other hand, learned counsel for the State though opposes the anticipatory bail application but he has not denied the fact that the applicant has deposited Rs.6,20,0000/- to the account of the complainant.
5. I have heard learned counsel for both the parties and perused the case diary.
6. Considering the fact that the applicant has already made good the default by returning the amount to the complainant which the applicant has received and also the fact that the other co-accused has already been granted anticipatory bail by this Court, I am inclined to grant anticipatory bail to the applicant.
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7. Accordingly, the instant anticipatory bail application is allowed and It is
directed that in the event of arrest of the applicant in connection with the aforesaid offence, the applicant shall be released on anticipatory bail by the officer arresting on executing a personal bond in sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating Officer. The Applicant shall also abide by the following conditions:- (i) That the applicant shall make herself/himself available for interrogation before the concerned police officer as and when required; (ii) That the applicant shall not, directly or indirectly, make any inducement, threat undue influence to the prosecution witnesses; (iii) That 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. Certified copy as per rules. SD/-
(Narendra Kumar Vyas)
JUDGE Raju
RAVVA SATYANARAYANA RAJU Digitally signed by RAVVA SATYANARAYANA RAJU Date: 2025.01.08 10:33:55 +0530