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2026 DAILYLAW 15028 (CHH)

GAURI SHANKAR RAO v. STATE OF CHHATTISGARH

MCRCA/61/2026 · 2026-01-12

body2026

Judgment text

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1 2026:CGHC:2023 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 61 of 2026 • Gauri Shankar Rao S/o Shri Bhaskar Rao Aged About 24 Years R/o Block-30, Sector- 04, Shivanand Nagar Khamtarai Raipur, District- Raipur, Chhattisgarh 492001. ... Applicant versus • State of Chhattisgarh Through- Police Station- Balod, District- Balod. 491226 ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Curtis Collins, Advocate For Respondent/State : Ms. Vaishali Mahilong, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 13.01.2026 1. This is first 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. 322/2025 registered at Police Station – Balod, District – Balod (C.G.) for the offence punishable under Section 318(4), 3(5) of BNS. 2. Prosecution case in brief, is that in the month month December, 2024, Gopal Singh @ Chandra Pratap Joshi advisor of Brainipedia Edutech Private Limited has reached complainant's house Pandeypara Balod with his helper/friend Deepak Kumar Karsh, VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.14 19:57:08 +0530 2 Surypratap Joshi and Gowri Shankar and informed for job of Teacher in Brainipedia Edutech Private Limited and if you will give rupees 4,50,000/- then I will give you job of teacher in government school through the Brainipedia Edutech Private Limited. I was convinced from offer, complainant has given saving money Rs. 3,50,000/- and Rs. 1,00,000/- from my brother in-law on dated 30.12.2024. I have given 4,50,000/- to Gopal @ Chandra Pratap Singh Joshi front of Kumbhkaran Thakur and Arun Sahu, Gopal and Complainant when asked receipt of the money, that there is no need of receipt he said you keep trust on me. After 15-20 day Gopal @ Chandra Pratap Joshi told to the complainant, online training will give you, online training was given by the Gopal @ Chandra Pratap Joshi to the complainant, then after admission will be given on school open after two month's summer vacation, and after summer vacation you will be admitted, but after the opening of the school I was informed that the admission has been stopped and for this reason you will not get job of teacher, during this period Gopal @ Chandra Pratap Josh said if you open your own private limited company you will get 01 crore rupees through the government plan/scheme, them I have given rupees 5,50,000/- for name of registration of the company to the Gopal @ Chandra Pratap Joshi from Indian Overseas Bank Account 25340******* 3.40 lakh through the installments NFT and through the Phone Pay and 2.10 lakh case and I have singed some document, Rs. 1,00,000/- deposited name of the open company's Bank Account. After that the approval letter of Rs. 55,00,000/- was given on inquiry at the bank that approval letter was with regards to loan amount, that the reason I have refused to take above said loan amount. No response was given when asked about this from Rs. 10,00,000/- fraud done by the Gopal @ Chandra Pratap Joshi, Deepak Kumar 3 Karsh, Surypratap Joshi, Gowri Shankar Name of the job and registration of Private Limited Company. 3. Learned counsel for the applicant would submit that the applicant is innocent person and he has not committed any offence as alleged by the prosecution and he is falsely implicated in the present case. It is further submitted that FIR was registered after eight months and the allegation was upon the directors of Brainipedia Private Limited Company whereas the application no such association with the company but the applicant is merely and acquittance of the accused and is associated through another company, where the applicant and the other co-accused are associated but no such allegation is against the company in which the present application is associated. He further submits that the applicant has written complaint filed before the Cyber on dated 02.08.2025 against the complainant for the online financial fraud. Because the complainant had done fraudulent transaction and the same amount was transferred to the applicant, therefore anticipatory bail application has been filed and prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail to the applicant. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, allegation levelled against the present applicant and further the fact that FIR was registered after eight months, therefore, I am inclined to extent the benefit of Section 482 of the B.N.S.S. to the applicant. 4 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Gauri Shankar Rao on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, 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 himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali