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2025 DAILYLAW 8199 (CHH)

KAMLESH VERMA v. STATE OF CHHATTISGARH

MCRCA/212/2025 · 2025-02-20

Shri Naresh Kumar Chandravanshi

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:9012 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 212 of 2025 1 - Kamlesh Verma S/o Shri Paltan Verma Aged About 47 Years R/o House No. 2 Phase 2 Riddhi- Siddhi Colony Rajnandgaon Police Station Basantpur City Tahsil And District - Rajnandgaon (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer Police Station Basantpur District - Rajnandgaon (C.G.) ... Respondent For Applicant : Mr. Punit Ruparel, Adv. For Respondent : Mr. Rajeev Bharat, Govt. Adv. (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 20-2-2025 1 The applicant has preferred this application under Section 482 of the Bhartiya Nagrik Suraksha Sanhuita, 2023 for grant of anticipatory bail as he apprehends his arrest in connection with Crime No. 534/2021, registered at Police Station Basantpur, Distt. Rajnandgaon (CG) for the offence punishable under Sections 306 and 420 of the IPC. 2 Facts of the case in nutshell are that, Firoz Ahmad, who is said to be main accused of the case, has obtained loan of Rs. 3 lakhs from the deceased and had also obtained Rs. 20,50,000/- from Bank by fraudulently keeping wife of the deceased as guarantor. It is also alleged that, bank officials and applicant Kamlesh Verma have also Digitally signed by AVANISH KUMAR PATHAK Date: 2025.02.21 14:31:54 +0530 2 obtained money from deceased and his wife Smt. Priyanka Jain, but they were not returning amount to the deceased and further the main accused Firoz Ahmad was pressurizing the deceased to repay the amount to the bank, due to such harassment, Dharmendra Jain committed suicide by hanging himself on 9-9-2021. Based on above fact, aforesaid crime was registered against Firoz Ahmad. During investigation, wife of the deceased alleged that bank officials and applicant Kamlesh Verma also obtained money from them. 3 Learned counsel for the applicant would submit that the applicant has not been named in the FIR, as there is no role of applicant with regard to obtaining said loan by main accused Firoz Ahmad or in commission of suicide by the deceased. Applicant has not obtained any amount from the deceased or his wife Smt. Priyanka Jain. He has been falsely implicated in instant case only because of statement made by wife of deceased against him. The applicant is being harassed by the police, as such, he apprehends that he may be arrested. It is further submitted that Firoz Ahmad, who is main accused, has been granted anticipatory bail by Hon’ble Apex Court vide order dated 9-2-2023 passed in Cr. A. No. 386/2023 arising out of SLP (Criminal) No. 7252/2022 and case of the applicant is not more grievous than that of Firoz Ahmad. Hence, the applicant may also be granted benefit of anticipatory bail. 4 On the other hand, learned State counsel opposes the application for grant of anticipatory bail to the applicant and submits that as per case diary, charge sheet has been prepared, which shall be filed before the Court within few days, but charge sheet does not contain name of 3 applicant. On being enquired, he submits that, in the charge sheet, there is no criminal antecedent of the applicant. 5 I have heard learned counsel for the parties and perused the material available on record. 6 Having considered the facts and circumstances of the case and further considering that the main accused is said to be Firoz Ahmad, who has been granted anticipatory bail by Hon’ble Supreme Court vide order dated 9-2-2023 passed in Cr. A. No. 386/2023, and further considering that except the statement of wife of deceased recorded under Section 161 of the Cr.P.C., nothing is found in the case diary to implicate the applicant in instant case, therefore, I feel inclined to grant anticipatory bail to the applicant. 7 Accordingly, the anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail by the officer arresting him on his executing a personal bond in a sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of the officer arresting him or the concerned investigating officer. The applicant shall also abide by the following conditions:- (i) that he shall make himself available for interrogation before the investigating officer as and when required; (ii) that 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/her from disclosing such facts to the Court or any police officer. 4 (iii) that he shall not act in any manner which will be prejudicial to fair and expeditious trial; and (iv) that he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial; (v) that in case of change of address he will inform new address to investigating agency. Certified copy as per rules. Sd/- (Naresh Kumar Chandravanshi) JUDGE Pathak