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2025 DAILYLAW 8716 (CHH)

MANOJ LAL DEV @ MANOJ KUMAR LAL DEV v. THE STATE OF CHHATTISGARH

MCRCA/228/2025 · 2025-02-13

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Judgment text

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1 2025:CGHC:7748 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 228 of 2025 Manoj Lal Dev @ Manoj Kumar Lal Dev S/o Hareram Lal Dev Aged About 29 Years R/o Village- Menka, Post Atahar, Thana- Sonki, Distt.- Darbhanga (Bihar) ... Applicant versus The State of Chhattisgarh Through S.H.O. Out Post – Maro, Police Station – Nandghat, District – Bemetara (C.G.) ... Non-applicant For Applicant : Mr. Sameer Singh, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.02.2025 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. 154/2021 registered at Out Post – Maro, Police Station – Nandghat, District – Bemetara (C.G.) for the offence punishable under Sections 420 and 34 of the Indian Penal Code (IPC). 2. The prosecution story, in brief, is that the FIR was lodged by Smt. Roshni Naurange alleging that her husband’s health was not good for last tow years on 07.05.2021 two sadhu persons were came to her home and told RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI Date: 2025.02.13 17:35:02 +0530 2 him that there is a pot of golf and silver in your house, and thereafter they dug a one feet deep pit in the room and after putting Tulsi leaves in it, smoke like that of fire started coming out of it, then the accused said that you give 4 to 5 lakh and they received Rs. 3,51,000/- thereafter they not come again, so they cheated the complainant of total Rs. 3,85,000/-. Ultimately the FIR was lodged by the complainant. Hence, this application. 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 complainant himself given the money for quirking his problems, and another one co-accused has been granted regular bail by the learned trial Court. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 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 from the perusal of the case diary it transpires that the complainant himself given the money for quirking his problems, and another one co-accused has been granted regular bail by the learned trial Court, at this stage without expressing any opinion on merits, 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 3 event of arrest of the applicant – Manoj Lal Dev @ Manoj Kumar Lal Dev on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, 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 him 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 him by the said Court till disposal of the trial. (d)The Applicant and the surety shall submit a copy of their 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 involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar