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2026 DAILYLAW 16996 (CHH)

GOPAL MAHARAJ v. STATE OF CHHATTISGARH

MCRCA/225/2026 · 2026-02-11

Transfer Petitionbody2026

Judgment text

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1 2026:CGHC:7894 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 225 of 2026 • Gopal Maharaj S/o Late Mahesh Maharaj Aged About 35 Years R/o Ward No. 6, Koriya Colliery , Chirimiri, Police Station And Tehsil - Chirmiri District- Manendragarh- Chirmiri - Bharatpur (M.C.B.) (C.G.) ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station Chirimiri District- Manendragarh- Chirmiri - Bharatpur (M.C.B.) (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Ali Afzal Mirza, Advocate For Respondent/State : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 12.02.2026 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicants arrested in connection with Crime No.47/2026 registered at Police Station – Chirmiri, District – Manendragarh- Chirmiri-Bharatpur (C.G.) for the offence punishable under Sections 318(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case presented by the prosecution against the applicant is that the complainant Vikram Singh on 23.01.2026 lodged a VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.14 13:08:52 +0530 2 written report stating that on 25.07.2024, the complainant took Rs. 4,60,000/- from Punjab National Bank Haldibadi bearing account No. 739200KU00000681, the applicant took a loan in the name of the complainant from Punjab National Bank, and have impersonated himself as a Bank Agent in order to cheat the complainant, and making used of the applicant's good connection the complainant asked the applicant to get him a loan of Rs. 50,000/-, subsequent to which the applicant asked for the complainant's PAN Card, Aadhar Card, Ration Card and other documents, the documents were handed over to the applicant and thereafter the complainant got a call from the applicant in order to open the said account. On 25.07.2024 the complainant was call to the Bank by the applicant and he was told that his loan has been approved, when the complainant reached the Bank the applicant took his check and got is signed, thereafter he withdrew the money and the applicant kept the money with him. Later the applicant gave Rs. 40,000/- via Phone-Pay and told him Rs. 10,000/- was the cost of the loan, after a few months the complainant received a cali from the Bank stating that a loan of Rs. 5,00,000/- has been taken out of his name and that he should repaid. Then the complainant's spoke to the applicant, then the applicant told him that he would pay of Rs. 4,50,000/- loan installment and that the complainant will only have to pay Rs. 50,000/- of the loan amount. Subsequently the applicant paid the loan installment and the complainant gave him Rs. 4,800/- for the payment of the loan installment. The complainant got to know that the applicant had only paid a few installment of the loan and had not paid the remaining. Thereby the applicant in- disguise of getting the complainant a loan of Rs. 50,000/- has defrauded him 3 of Rs. 4,60,000/-. The Bank employees did not obtained any information from the complainant while issuing the loan and withdrawing the loan amount, which was also not directly transferred to the complainant. Furthermore the bank sent a legal notice and the complainant got to know that the loan had been taken in name of his textile business and even though no work has been done for the purpose of the said textile business. It is pertinent to mention that neither any bank employee enquired and investigate the matter before approving the loan, which leaves the possibility of the bank employees being hand in gloves with the applicant in the alleged crime and similarly two other persons namely Vinod Kumar for Rs. 50,000/- and Jairam for Rs. 1,20,000/- have been cheated by the present applicant. On the basis of the report made by the complainant police Station Chirmiri registered an FIR for the offences punishable U/s 318(4) of BNS under the crime no. 47/2026 and in the said matter the investigation is currently going on. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is contended that the dispute between the parties is purely of civil nature arising out of a financial transaction. It is further submitted that the complainant had voluntarily applied for the loan and had knowledge of the loan process. It is further submits that part of the loan amount was transferred to the complainant and some installments were also paid, which shows absence of dishonest intention. It is argued that custodial interrogation of the applicant is not required and he is ready to cooperate with the investigation. On these grounds, prayer is made for grant of anticipatory bail. 4 4. Per contra, learned counsel for the State opposes the application and submits that the allegations against the applicant are serious in nature. It is contended that the applicant, by impersonating himself as a bank agent, collected the complainant’s documents and fraudulently procured a loan of approximately Rs. 4,60,000/- to Rs. 5,00,000/- in his name, though the complainant had sought only Rs. 50,000/-.It is further submitted that the applicant withdrew the loan amount after obtaining the complainant’s signatures and misappropriated the major portion thereof. The investigation is still in progress and custodial interrogation of the applicant is necessary to trace the misappropriated funds and examine the alleged involvement of bank officials. It is also submits that there are six criminal antecedents registered against the applicant, therefore he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the records. 6. Having heard learned counsel for the parties and perused the case diary, this Court finds that the allegations prima facie disclose commission of a serious economic offence involving cheating and misappropriation of a substantial amount and the allegations indicate deception at the inception of the transaction. Further the material collected during investigation suggests misuse of personal documents of the complainant for procuring a higher loan amount and considering the gravity of the allegations, the amount involved, the pendency of investigation and the necessity for custodial interrogation to unearth the entire chain of events, this Court does not find it to be a fit case to release the applicant on anticipatory bail. 5 7. Accordingly, this first bail application of applicant – Gopal Maharaj involved in Crime No.47/2026 registered at Police Station – Chirmiri, District – Manendragarh-Chirmiri-Bharatpur (C.G.) for the offence punishable under Sections 318(4) of the Bharatiya Nyaya Sanhita, 2023 (BNS) is rejected at this stage. 8. Needless to say that the concerned trial Court is at liberty to proceed with the trial and conclude the same, expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali