1 2026:CGHC:18461 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 427 of 2026 • Rajesh Kumar S/o Shri Ram Prawesh Thakur Aged About 33 Years R/o Bhojpur Colony, Jhas Bokaro, Jharkhand. (As Per Correct Details) ... Applicant(s) versus • State of Chhattisgarh Through Station House Officer, P.S. Patan, Distt. Durg, Chhattisgarh. ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Aishwarya Diwan with Mr. Sachin Nidhi, Advocate. For Respondent(s) :Ms. Anusha Naik, Dy.G.A. For Objector Ms. Yatika Verma, Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22/04/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.74/2026 registered at Police Station – Patan, District: Durg, C.G. for the offence punishable under Sections 3(5), 316, 318, 336(2), 337, 338, 339, 340(2), 61(2) of Bhartiya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that the Complainant namely Rajeev Kumar who is residence of Bokaro, Jharkhand lodged police VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.23 15:15:25 +0530 2 complaint on 16.02.2026 against the present applicant and other co- accused namely Rajesh Kanojia regarding the improper withdrawal of fake death claim amount of Rs. 1crore 19lakhs related to HDFC pension fund management limited company and continues the criminal conspiracy and misuse of pension funds. On the above written report of the Complainant, Patan police station has registered a crime against the applicant under section 3(5), 316, 318, 336(2), 337, 338, 339, 340(2), 61(2) of BNS. 3. Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case. It is further contended that there is a delay of seven months of lodging FIR. He also submits that applicant was previously posted as a Business Development Manager at HDFC, Bokaro and the work profile of the present applicant not includes the verification and any kind of authorization to any document. He also submits that the present applicant has already switched/changed his job to another company and the complainants company has also provided the experience letter to the present applicant with no negative opinion regarding his previous job. He further contended that the applicant has not received any amount in his bank account, therefore, he submits that the present applicant is also entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State as well as learned counsel for the Objector opposes the prayer for grant of anticipatory bail to the applicant and submits that the present applicant along with other co-accused namely Rajesh Kanojia regarding the improper withdrawal of fake death claim amount of Rs. 1crore 19lakhs related to HDFC pension fund 3 Management Limited Company and continues the criminal conspiracy and misuse of pension funds, but State counsel does not disputed the fact that applicant has not received any amount in his bank account. 5. In compliance of this Court’s order dated 27.03.2026, concerned Investigating Officer has filed his personal affidavit in the present case and relevent paragraph of the affidavit are as follows:- “2. That, vide order dated 27.03.2026 the Hon'ble Court has directed the concerned Investigating Officer to file his personal affidavit with respect to the allegation against the present applicant. In compliance of the Hon'ble Court's order, the deponent most humbly and respectfully submits as under:- (ii) That, the instant application has been filed by the applicant seeking anticipatory bail in connection with the Crime No. 74/2025 registered at Police Station Patan, District Durg (CG) for offence punishable under sections 3(5),316,318,336(2),337,338,339,340(2),61(2) of Bhartiya Nyay Sanhita, 2023. (iii) That, the deponent most humbly and respectfully submits that the complainant Rajeev Kumar, Senior Manager, HDFC Life Company Limited has lodged a written complaint against one Shri Rajesh Kanojiya and Shri Rakesh Kumar (applicant here), whereby, alleging that the accused persons hatched criminal conspiracy and submitting insurance claim for the amount of Rs. 12900000/- against a fake death case producing false and fabricated documents. It has been further alleged that, when 4 the death claim pertaining to one retired person namely Umesh Avdhiya was submitted, in which, upon inquiry it is established that the said person is alive, accordingly, the commission of forgery by the accused persons (including the applicant) has been revealed. Pursuant to the said written complaint o, the aforesaid Crime No. 74/2025 has been registered by the Police Station Patan, District Durg (CG) and taken the matter under investigation. (iv) It is respectfully submitted that the present applicant has been absconding and could not be arrested till date. (v) It is respectfully further respectfully submitted by the deponent that, during course of investigation, the statement of the witnesses namely Umesh Avdhiya, Anmol Avdhiya has been recorded by the Police of Police Station Patan, District Durg (CG). It would be pertinent to submit here that, in relation to the death claim of Shri Umesh Avdhiya, the accused persons have got prepared death certificate of him, likewise they prepared and submitted death certificates of other claimants. The Investigating Officer has also collected the relevant documents as prepared and submitted by the applicant in relation to the death claim of as many as 14 claimants. It would be pertinent to submit here that the applicant himself admitted about the commission of alleged offence.” 6. I have heard learned counsel for the parties and perused the materials available on record. 5 7. Considering the facts & circumstances of the case, submission of learned counsel for the parties, materials available on record, considering the fact that there is a delay in lodging the FIR and applicant has not received any amount in his bank account, therefore, I am inclined to grant anticipatory bail to the present applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Rajesh Kumar on executing a personal bond and 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 along with a coloured 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