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2025 DAILYLAW 4674 (CHH)

KISHORE SAHU v. STATE OF CHHATTISGARH

MCRCA/165/2025 · 2025-01-31

body2025

Judgment text

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1 2025:CGHC:5745 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 165 of 2025 Kishore Sahu S/o Maniram Aged About 24 Years R/o Boy High School Road, Ward No. 4, Bemetara District Bemetara Chhattisgarh ... Applicant versus State of Chhattisgarh Through The Station House Officer Of Police Station Rajhara District Balod Chhattisgarh ...Non-applicant (Cause-title taken from Case Information System) For Applicant : Mr. Sachin Nidhi, Advocate For Non-applicant : Ms. Monika Singh Thakur, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31.01.2025 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’) for grant of anticipatory bail, apprehending his arrest in connection with Crime No. 59/2024, registered at Police Station – Rajhara, District Balod (C.G.) for alleged commission of offence punishable under Section 420 of the Indian Penal Code (In short, ‘IPC’) as ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.01.31 13:08:18 +0530 2 well as Section 66D of the Information Technology Act (In short, ‘IT Act’). 2. As per the case of the prosecution, the complainant namely Dinesh Tiwari who is also ex-bank employee and having the Over Draft Account in the State Bank of India, Raipur bearing No.10460909073, and for increasing limit of the aforementioned Account, one call came in the mobile of the complainant and on the pretext of increasing the limit of the said Account, he committed cheating of an amount of Rs.50,000/-. Thereafter, the crime was registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is falsely implicated in this case. He further submits that present applicant has not committed the aforesaid offence of cheating as he is only the mediator. He also submits that no such transaction of alleged amount has been done on the account of the present applicant and a false FIR has been registered against the present applicant. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submits that the main accused (co- accused, namely Imtiaz Khan) has been arrested and in his memorandum statement, he stated that some transactions were made by one Ajay and Imtiaz Khan. She further submits that the account of the present applicant has also been used and a sum of Rs.50,000/- has been deposited in the account of present 3 applicant. It has been contended that present applicant has committed serious crime of cheating, therefore, the present anticipatory bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the impugned order passed by the trial Court. 6. Taking into consideration the nature of allegation made against the present applicant in the FIR as well as the fact that present applicant has committed online fraud, which is a very serious offence, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant – Kishore Sahu, filed under Section 482 of the BNSS involved in Crime No. 59/2024, registered at Police Station – Rajhara, District – Balod (C.G.) for alleged commission of offence punishable under Section 420 of the IPC as well as 66D of the IT Act, is rejected. - Sd/- (Ramesh Sinha) Chief Justice Anu