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2025 DAILYLAW 9016 (CHH)

MUNINDRA LIKHARE v. THE STATE OF CHHATTISGARH

CRA/524/2025 · 2025-03-27

Shri Arvind Kumar Verma

body2025

Judgment text

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1 2025:CGHC:14831 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 524 of 2025 1 - Munindra Likhare S/o Lalchand Likhare Aged About 43 Years R/o 116 Rajendra Prasad Ward No. 12, Civil Line Bus Stop Chindwada, Lodhikheda, Chindwada (M.P.) ... Appellant(s) versus 1 - The State Of Chhattisgarh Through The Police Station Darima, District Surguja, Chhattisgarh. ... Respondent(s) For Appellant(s) : Shri Rahul Mishra, Advocate For Respondent/State : Ms.Vaishali Mahilong,PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 27/03/2025 This appeal under Section 16 of the Chhattisgarh Protection of Depostiors Interest Act, 2005 read with application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (henceforth ‘the BNSS’) has been filed by the applicant apprehending his arrest in connection with Crime No. 127/2019 registered at Police Station Darima, District Surguja (C.G.) for the offence punishable under Sections 420,34 of IPC 2 and 10 of the Chhattisgarh, Protection of Interest of Depositors Rules, 2005. 2. As per prosecution case, the complainant had deposited Rs. 30,000/- for obtaining higher interest rate with the accused persons who are working in the B.N.Gold Real Estate and allied company, head office of which is at Subash Palace, RG Trade Tower Shop NO. 1112/1114, Pithampura, New Delhi and thus had committed forgery with the complainant. On the basis of the application under Section 156(3) of the Cr.P.C, the police of police station Darima lodged FIR against the accused persons namely Anand Nirmalkar, Gurviondra Singh Sandhi, Asshish Kumar Gupta, Anil Sharma, Munindra Likhare, Sachin Damor and Hiralal Vaishnav. 3. Contention of the learned counsel for the applicant is that the alleged offence was committed in the year 2012 and only to implicate the present applicant, a false report has been lodged against him in the year 2019. He submits that the said report has been lodged on the basis of application filed under Section 156(3) of the Cr.P.C in which there is no allegation against the applicant. He submits that the applicant was the employee of B.N.Gold Real Estate and Allied Limited till 31.07.2015 and he was not holding the post of Director. He submits that similarly placed co-accused has been granted anticipatory bail by this Court in M.Cr.C.A. No. 121/2022 and therefore the applicant may also be granted similar benefit. 4. Per contra, learned counsel for the State opposed the bail application. 5. Heard learned counsel for the parties and perused the documents and case diary. 3 6. Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 provides extra ordinary power to the Court of Sessions and High Courts for granting anticipatory bail applications therefore it has to be complied in exceptional cases. 7. Taking into consideration, facts and circumstances of the case, nature of allegations against the applicant, submission of learned counsel for the respective parties in particular, the fact that the applicant is one of the Director of the company and there is no exceptional circumstance shown from the record, I do not find present to be a fit case to allow the application for grant of bail. 8. Accordingly, the bail application filed under Section 16 of the Chhattisgarh Protection of Depositors Interest Act, 2005 read with application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of bail is dismissed. Sd/- (Arvind Kumar Verma) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2025.04.01 16:04:40 +0530