1 2025:CGHC:4991 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 149 of 2025 Ramzan Khan S/o Salim Khan Aged About 35 Years R/o. Village Gorakhpur, Police Station Pendraroad, District G.P.M (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Gaurela, District G.P.M. (C.G.) ... Non-applicant For Applicant : Mr. Kishore Narayan, Advocate. For Non-applicant/State : Mr. S.S Baghel, Deputy G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28.01.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 436/2024 registered at Police Station – Gaurela, District - Gaurela-Pendra-Marwahi, (C.G.) for the offences punishable under Sections 406 and 420 of IPC. 2. As per the prosecution case, in brief is that on 28/12/2024, complainant Sangeeta Dhurve lodged a written complaint that Sofia Khan works in a bank and her job is to form groups and provide KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 loans to poor women at low interest rates and by taking many women of the village including the applicants into confidence, they took Rs. 5000/-, 6000/-, 7000/- from various women and filled the forms. After that, loans of different amounts were sanctioned from various institutions including Myco Fusion Finance, IDFC First Bank, ESAF Cooperative Society, Fincare Small Finance Bank, in the name of some people, Rs. 40,000/-, Rs. 50,000/- and Rs. 30,000/-. Most of the amount was taken by them by getting thumb impressions of all the applicant and other women, which they came to know about when the bank employees started coming to their homes. They said that they have nothing to do with Sofia Khan or anyone else, the money has been taken in their name, so they will recover it from them and also threatened to beat up their family members. When they go to the house of the accused persons/ applicant, their entire family abuses them by calling them Gond, Ganwar, Adivasi and caste-based abuses and threatens to kill them. On the basis of the said complaint, the police station-Gaurela registered a crime as mentioned above and started investigation which is going on. 3. Learned counsel for the applicant submits that the present applicant is innocent and he has been falsely implicated in the instant case. He further submits that the when FIR was registered for the First time, the applicant has not named in the FIR however, his mother was named in the FIR and when Second FIR was registered, the name of the present applicant was came therefore, he apprehends his arrest. He further submits that from bare perusal of the case 3 diary, it is clear that there is no allegation against the present applicant, the applicant/accused did not meet any woman. Even, the applicant does not know the alleged complainant Sangeeta Dhurve and the applicant has not participated in any kind of bank related proceedings with the complainant nor has any of the alleged crimes been committed by him. He further submits that the anticipatory bail application of the co-accused has already been rejected by this Court being MCRCA No. 105/2025, vide order dated 23.01.2025 however, he submits that allegation is fully levelled against the co-accused who committed crime in question but the present applicant was never participated in crime in question and the case of the applicant is distinguishable from that case of co-accused. Accordingly, he prays for grant of anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the submission made by the learned counsel for the applicant and submits that the anticipatory bail application of the co-accused has already been rejected by this Court being MCRCA No. 105/2025, vide order dated 23.01.2025. He further submits that the applicant has 03 previous criminal antecedents under the IPC of the year 2015, 2016 and 2019 and as such he is a habitual offender. Accordingly, he prays for grant of anticipatory bail to the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 4 6. Considering the facts & circumstances of the case, nature and gravity of offence, levelled against the applicant and further the fact that in the present case, the anticipatory bail application of the co- accused has already been rejected by this Court being MCRCA No. 105/2025, vide order dated 23.01.2025 and the case of the applicant is similar to that case of co-accused moreover, the applicant has 03 previous criminal antecedents under the IPC of the year 2015, 2016 and 2019 therefore, this Court is of the view that it is not a fit case to release the applicant on anticipatory bail. 7. Accordingly, the anticipatory bail application of the applicant – Ramzan Khan, filed under Section 482 of BNSS, involved in Crime No. 436/2024 registered at Police Station – Gaurela, District - Gaurela-Pendra-Marwahi, (C.G.) for the offence punishable under Sections 406 and 420 of IPC., is rejected. Sd/- (Ramesh Sinha) Chief Justice Kunal