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2025 DAILYLAW 46744 (CHH)

NARESH KUMAR MANHAR v. STATE OF CHHATTISGARH

MCRCA/6/2025 · 2025-01-07

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Judgment text

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1 2025:CGHC:994 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 6 of 2025 Naresh Kumar Manhar S/o Bharatlal Aged About 40 Years R/o PS And Tahsil Bahnindih District - Janjgir - Champa (C.G.) ... Applicant versus State of Chhattisgarh Through S.H.O. Aarakshi Kendra Malkharoda District - Sakti (C.G.) ... Non-applicant For Applicant : Mr. Ankur Diwan, Advocate. For Non-applicant/State : Mr. S.S. Baghel, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 07.01.2025 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 279/2024, registered at Police Station – Aarakshi Kendra Malkharoda, District – Sakti (C.G.) for the alleged commission of offence punishable under Sections 3(5), 318(4), 338, 336 and 340 of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution, Chandrashekhar Yadav, a zonal ofÏcer at SBI's Dhabra Branch, was informed that a new SBI branch had opened in Chapora village on September 18, 2024. Upon ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.08 11:30:56 +0530 2 inspection, the branch had signage, equipment, and six employees who claimed they were hired without a written exam. The employees' appointment letters had fake seals. Investigation revealed that Pankaj, Rekha Sahu, Mandhir Das, and others were operating a fake SBI branch, issuing fake appointment letters. Based on co-accused Anil Bhaskar's statement, an FIR was registered at Aarakshi Kendra Malkharoda for transferring funds to the applicant's account. The applicant fears arrest in connection with Crime No. 279/2024, registered at Aarakshi Kendra Malkharoda, District Sakti (C.G.), for alleged offenses under Sections 3(5), 318(4), 338, 336, and 340 BNS. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that none of the essential elements of the alleged offense are present, and the prosecution's case is entirely baseless and frivolous. He further submits that the allegations against the applicant are solely based on the memorandum statement of a co- accused, who claimed that the alleged money was transferred to the applicant's account. Therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant and submits that the present applicant, along with other co-accused, is allegedly involved in a bank fraud, therefore, he is not entitled for grant of anticipatory bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the nature and gravity of the offence and material on record in the case diary, and the fact that the present applicant, along with other co-accused, is allegedly involved in a bank fraud, therefore, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant – Naresh Kumar Manhar, involved in Crime No. 279/2024, registered at Police Station – Aarakshi Kendra Malkharoda, District – Sakti (C.G.) for the alleged commission of offence punishable under Sections 3(5), 318(4), 338, 336 and 340 of the Bhartiya Nyaya Sanhita, 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice Abhishek