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2025 DAILYLAW 46804 (CHH)

GANPAT JANGDE v. STATE OF CHHATTISGARH

MCRCA/15/2025 · 2025-01-08

body2025

Judgment text

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1 2025:CGHC:1268 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 15 of 2025 Ganpat Jangde S/o Laxman Prasad Jangde Aged About 43 Years R/o Village Mudwabhantha, Koshir, Thana Koshir, District Sarangarh Bilaigarh Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Koshir, District Sarangarh Bilaigarh Chhattisgarh. ... Non-applicant For Applicant : Mr. Vivek Gupta, Advocate. For Non-applicant/State : Mr. Shaleen Singh Baghel, Deputy Government Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 08.01.2025 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. 303/2024, registered at Police Station – Koshir, District – Sarangarh - Bilaigarh (C.G.) for the alleged commission of offence punishable under Sections 318(4), 338, 336(3) and 61(2) of the Bhartiya Nyaya Sanhita, 2023. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.09 11:29:52 +0530 2 2. According to the prosecution's case, the applicant was away from the station from November 26, 2024, to November 30, 2024, undergoing medical treatment in Vishakhapatnam. During this period, the Branch Manager of Apex Bank Sarangarh filed an FIR against the applicant and employees of the society. The FIR alleged that the society falsely claimed to have purchased paddy in the applicant's name, and even forged the applicant's thumb impression using an employee named Priti Chandra and Fard Prabhari Pukhram Manhar. Furthermore, the society transferred funds into the applicant's bank account without actually purchasing the paddy. An inquiry committee was formed to investigate these allegations, and their findings revealed that the applicant's signature appeared suspicious. Additionally, Suresh Bhardwaj admitted that he mentioned the applicant's name under pressure from Pukhram Manhar. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the applicant was out of town from November 26, 2024, to November 30, 2024, undergoing treatment at Vishakhapatnam. During this time, the applicant consulted a neurologist, who wrote a medical prescription in the applicant's name. Upon returning from Vishakhapatnam, the applicant became aware of the matter and promptly wrote to the Superintendent of Police, Sarangarh. On the same day, the President of the society also instructed the Branch Manager of Apex Bank to hold the amount that had been transferred to the applicant's account. He further submits that the 3 present applicant has 07 criminal antecedents prior to the year 2016, in which he has already been acquitted, copy of the same have also been annexed in the present bail application, 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. 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, it appears that the applicant was away from town from November 26 to 30, 2024, for medical treatment in Vishakhapatnam, where he consulted a neurologist. After returning, he became aware about the said matter and promptly wrote to the Superintendent of Police, Sarangarh, therefore, without further consideration on merits, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Ganpat Jangde, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) he 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) he shall not act in any manner which will be 4 prejudicial to fair and expeditious trial. (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek