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2025 DAILYLAW 54597 (CHH)

KIRAN BANJARE v. STATE OF CHHATTISGARH

MCRCA/1624/2025 · 2025-10-16

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Judgment text

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1 2025:CGHC:51938 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1624 of 2025 Kiran Banjare W/o Ravindra Banjare, Aged About 30 Years, R/o Village- Mudawabhantha, Post- Chantipali, Tehsil- Sarangarh, District- Sarangarh- Bilaigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Sarangarh District- Sarangarh- Bilaigarh (C.G.) ... Non-Applicant For Applicant : Mr. Sanjya Patel, Advocate. For Non-Applicant/State : Mr. S.S. Baghel, Deputy Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.10.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 63/2025 registered at Police Station – Sarangarh District- Sarangarh- Bilaigarh (C.G.) for the offence punishable under Sections 420, 467, 468 and 471 of Indian Penal Code. 2. The prosecution's case, in brief, is that the complainant lodged a written report stating that his father had sold 403.20 quintals of paddy in 2015 to the Sewa Sahkari Samiti Maryadit. Although the PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.17 16:18:59 +0530 2 price of the paddy was received by his father, the bonus amount announced by the state government for the year 2014-15 had not been paid to him. His father passed away on 30.04.2017. It is alleged that the applicant, by submitting a fabricated document in the name of the complainant's deceased father, fraudulently received Rs. 2,41,920/- as the paddy bonus which was originally due to the complainant’s father from the state government. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the applicant submitted an application before the Tehsildar, Sarangarh, stating that the bonus amount had been transferred to his bank account due to a technical error. The amount of Rs. 2,41,920/- was subsequently returned to the complainant. Thereafter, cordial relations were re-established between the complainant and the applicant, and an agreement was executed by the complainant to withdraw his complaint. A copy of the letter dated 19.09.2025 is enclosed. Further, the applicant has no previous criminal antecedents. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and further the fact 3 that the applicant submitted an application before the Tehsildar, Sarangarh, stating that the bonus amount had been transferred to his bank account due to a technical error and the amount of Rs. 2,41,920/- was subsequently returned to the complainant, further the applicant has no previous criminal antecedents, hence, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Kiran Banjare on executing a personal bond with one surety each in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The Applicant 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 her from disclosing such fact to the Court. (b) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial. (d)The Applicant and the surety shall submit a copy of her adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involved herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Preeti