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2025 DAILYLAW 50870 (CHH)

AMANRAJ DIWAKAR v. STATE OF CHHATTISGARH

MCRCA/1530/2025 · 2025-10-06

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Judgment text

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1 2025:CGHC:49842 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1530 of 2025 Amanraj Diwakar S/o Shri Rajkumar Diwakar, Aged About 27 Years R/o Village Podirachha, Police Station Nawagarh, District Janjgir Champa (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station Nawagarh, District Janjgir Champa (C.G.) ... Non-applicant For Applicant : Mr. Paras Mani Shriwas, Advocate. For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 07.10.2025 1. This is the second anticipatory bail application filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail by the applicant apprehending his arrest in connection with Crime No. 342/2023, registered at Police Station – Nawagarh, District – Janjgir - Champa (C.G.) for the alleged commission of offences punishable under Sections 420, 467, 468, 471, 34 of the Indian Penal Code (for short IPC). 2. The earlier anticipatory bail application of the applicant was dismissed by this Court vide order dated 10.01.2025 passed in MCRCA No. 43 of 2025. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.10.08 18:51:02 +0530 2 3. As per the prosecution’s case, the complainant, Gautam Ratnakar, lodged a complaint on 22.11.2023, alleging that the applicant’s father assured him of arranging a job as a Computer Operator in South Eastern Coalfields Limited (SECL), Bilaspur, and received a total amount of Rs. 20,00,000/-, partly in cash and partly through the PhonePe app. The complainant also provided the payment details. It is further alleged that the applicant’s father represented himself as an employee of SECL and claimed that he had earlier arranged similar jobs for others in the same post. Relying on this assurance, the complainant paid the said amount. The applicant’s father thereafter gave three cheques to the complainant as security. Subsequently, after receiving the payment, the applicant’s father sent a joining letter to the complainant via WhatsApp and orally informed him that the salary would be Rs. 8,500/- per month. However, when the complainant approached the SECL office for joining, he was informed by the officials that no advertisement had been issued for the said post and that the joining letter was forged. The complainant then contacted the applicant’s father again, who assured him that he would arrange a job in Madhya Pradesh. When the complainant demanded the return of his money, the applicant’s father failed to refund the same. It is also alleged that the applicant’s younger brother, who serves in the Indian Army, assured the complainant that the amount would be returned, but he too failed to fulfill his assurance. Despite repeated demands, the complainant’s money was not returned, whereupon he lodged a complaint against the applicant’s father. Based on the said complaint, Police Station Nawagarh registered Crime No. 342/2023 for offences punishable under Sections 420, 467, 468, 471, and 34 of the Indian Penal Code, and arrested the applicant’s father on 22.11.2023. 3 4. Learned counsel for the applicant submits that this is the second anticipatory bail application for the present applicant. The first application was rejected by this Court on 10.01.2025 in MCRCA No. 43 of 2025 on merits. He submits that as per the F.I.R., the entire allegation is against the applicant’s father, who has already been arrested by the prosecution authorities and was subsequently granted regular bail by this Court vide order dated 13.12.2023. He also submits that the applicant’s father has already returned a sum of Rs. 17,00,000/- (Rupees Seventeen Lakh only) to the complainant, which was earlier taken from him. However, during the hearing of the earlier bail application, the applicant could not attach the copy of the said receipt. Therefore, he prays for the grant of anticipatory bail to the applicant. 5. On the other hand, learned State counsel for the non-applicant/State would oppose the prayer made by the learned counsel for the applicant for grant of anticipatory bail. 6. I have heard learned counsel for the parties and perused the documents appended in the present anticipatory bail application. 7. Considering the facts and circumstances of the case, and further taking into account that out of Rs. 20,00,000/- (Rupees Twenty Lakh), a sum of Rs. 17,00,000/- has already been returned to the complainant by the father of the applicant, and that a copy of the receipt has been attached with the present bail application, I am, therefore, inclined to grant anticipatory bail to the applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Amanraj Diwakar on executing a personal bond and one surety in the like sum to the satisfaction of the 4 arresting Officer, they 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 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