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2025 DAILYLAW 57600 (CHH)

MAHESHRAM KASHYAP v. STATE OF CHHATTISGARH

MCRCA/1172/2025 · 2025-08-21

Shri Naresh Kumar Chandravanshi

body2025

Judgment text

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1 2025:CGHC:42749 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1172 of 2025 Maheshram Kashyap S/o Shri Ramanuj Kashyap, Aged About 27 Years R/o Vill. - Munund, P.S. And Tah. Janjgir, Dist. - Janjgir - Champa (C.G.) ... Applicant versus State Of Chhattisgarh Through - S.H.O., P.S. Champa, Dist., - Janjgir - Chapma (C.G.) ... Respondent For Applicant : Mr. Ravindra Sharma, Advocate. For Respondent : Mr. Rajeev Bharat, Govt. Advocate. (Hon’ble Mr. Justice Naresh Kumar Chandravanshi) Order on Board 22/08/2025 1. The applicant has filed this first application for grant of anticipatory bail under Section 482 of Bhartiya Nagarik Suruksha Sanhita, 2023 as he is apprehending his arrest in connection with Crime No. 66/2023 registered at Police Station Champa, District Janjgir-Champa (C.G.) for commission of offence punishable under Section 420 read with Section 34 of the IPC. 2. Case of the prosecution, in brief, is that on 31.01.2023 complainant Bhaktram Meher lodged FIR against Tejashwi Prasad Sahu & two other accused persons including present applicant alleging therein that they have deceived him to invest huge amount in Crypto Currency alluring him that he would get more benefit in the event of investment in the said Crypto currency and 2 thereby applicant and other accused persons got received Rs. 39,40,800/- in cash and though bank trasaction from various persons with an assurance that they will get four times benefits within a short span of time. On the basis of that allurement, complainant & other persons gave money to the applicant & other co-accused persons, but the same was not refunded within stipulated period, therefore, FIR was lodged by Bhaktram Mehar against Tejaswi Prasad Sahu and three other accused persons including present applicant. 3. Learned counsel for the applicant submits that after investigation, charge sheet was filed by the police against main accused Tejaswi Prasad Sahu and Kishan Lal Ratre and the case was tried by Judicial Magistrate First Class, Champa, District Janjgir-Champa as Criminal Case No. 276/2023, in which, after examining prosecution witnesses, vide judgment dated 12.09.2023, both the accused persons namely Tejaswi Prasad Sahu & Kishan Lal Ratre have been acquitted of the alleged chages. He further submits that applicant has been implicated in the present case only on the basis of memorandum statement of main accused Tejaswi Prasad Sahu. It is further submitted that though there is one criminal antecedent against the applicant bearing Criminal Case No. 1155/2021, in which, vide judgment dated 19.08.2021 passed by Chief Judicial Magistrate, Janjgir-Champa (C.G.), applicant and other co-accused persons have been acquitted. It is submitted that the applicant is permanent resident of Champa, District Janjgir-chama, hence, there is no chance of absconding, as such, the applicant may be extended the benefit of antipatory bail. 4. Per contra, counsel for the State opposes the bail application filed by the applicant. However, he submits that one criminal antecedent has been reported against the applicant bearing Crime No. 134/20 registered at Police Station Janjgir, in which, as per counsel for the applicant, the applicant has been acquitted vide judgment dated 19.08.2021. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Having heard learned counsel for the parties, having regard to the fact of the case, particularly, considering the fact that main accused persons of the case namely Tejaswi Prasad Sahu and Kishan Lal Ratre have already been acquitted of the alleged chages by the Judicial Magistrate First Class, Champa, District Janjgir-Champa vide judgment dated 12.09.2023 and also considering the fact that one criminal antecedent has been reported against the applicant, in which, as per counsel for the applicant, he has been acquitted vide judgment dated 19.08.2021 passed by Chief Judicial Magistrate, Janjgir-Champa. Thus, considering totally of the facts, I am of the view that it is a fit case to grant anticipatory bail to the applicant. Accordingly, the application is allowed. It is directed that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing a bond in the sum of ₹ 25,000/- with one surety for the like sum to the satisfaction of the officer/Court arresting him and he shall abide by all the following terms and conditions: (i) that the accused/applicant shall cooperate with the investigation and make himself available for interrogation before the concerned Investigating Officer as and when required. (ii) that the accused/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 him/her from disclosing such facts to the Court or to any police officer; (iii) that the accused/applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and iv) that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy, as per rules. Sd/- (Naresh Kumar Chandravanshi) Judge AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.08.25 13:25:52 +0530 4