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2025:CGHC:8670
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 247 of 2025 Anaya Thakre S/o Late Tukdya Thakre Aged About 22 Years R/o Village And Post Bhanegaw, Police Thana And Tahsil Lanji District Balaghat (MP), Local Resident At Padnabhpur, Distt. Durg (C.G.)
... Applicant versus State of Chhattisgarh Through, Station House OfÏcer, Police Station Nandini Nagar, Durg, District – Durg (Chhattisgarh)
... Non-applicant For Applicant : Mr. Ashok Patil, Advocate. For Non-applicant/State : Mr. UKS Chandel, Dy. Advocate General. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 19.02.2025
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. 42/2024 registered at Police Station – Nandini Nagar, Durg, District – Durg (C.G.) for the offence punishable under Sections 420/34 of the Indian Penal Code (IPC).
2. The prosecution story, in brief, is that the complainant has lodged the FIR against the applicant and two others at Police Station Nandini Nagar at Durg for committing cheating and fraud under an assurance to invest the amount in share market it well become more profit it short period, which RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
2 is under investigation before the concerned Police Station concerned. 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 applicant along with his mother and elder brother, namely, Aman Thakre are involved in the present case, and the main allegation is levelled against the co-accused person, namely, Aman Thakre, who is the elder brother of the applicant, and the applicant happens to be a student of B.Tech (Computer Science), and the mother of the applicant has been granted anticipatory bail by this Court vide
order dated 13.05.2024 passed in MCRCA No. 519/2024. 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 applicant along with his mother and elder brother, namely, Aman Thakre are involved in the present case, and the main allegation is levelled against the co-accused person, namely, Aman Thakre, who is the elder brother of the applicant and the case of the applicant is different from the case of the co-accused Aman Thakre as he is the main accused person, and the applicant happens to be a student of B.Tech (Computer Science), and the mother of the applicant has been
3 granted anticipatory bail by this Court vide order dated 13.05.2024 passed in MCRCA No. 519/2024, 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 event of arrest of the applicant – Anaya Thakre 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