Vijay Pandey S/o Lt. Shri Mohanlal Pandey Aged About 61 Years R/o House No v. State Of Chhattisgarh Through Police Station Of Civil Line, District Bilaspur
Case Details
1 2025:CGHC:1263 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 120 of 2025 Vijay Pandey S/o Lt. Shri Mohanlal Pandey Aged About 61 Years R/o House No. 26, Sindhi Colony Kasturba Nagar, Bilaspur Distt. Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Of Civil Line, District Bilaspur (C.G.) ... Non-applicant For Applicant
Legal Reasoning
case has been granted bail by this Court in MRCR No. 9036 of 2024 on 02.01.2025. He further submits that the prosecution has 3 miserably failed to bring on record any act of the applicant from which it can be said that the intention of the present applicant was to cheat from very inception. The applicant is made a co-accused and arrested in the alleged offence only because of the applicant is the Uncle of co-accused Omprakash Pandey and Ramesh Pandey. He further submits that the applicant is an old man aged about 61 years and is suffering from various ailments. Further the applicant had to undergo eye- operation due to cataract-decease which is at serious stage, but due to arrest same could not be done, therefore considering the medical condition of the applicant he may be enlarged on bail and the applicant is in jail since 14.11.2024, the trial is likely to take some time for its conclusion therefore, he prays for grant of bail to the applicant. 4. On the other hand, the learned State counsel opposes the bail application and also endorse the submission advanced by the learned counsel for the applicant. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the co-accused namely Naresh Agrawal, has already been granted bail by this Court in MCRC No. 9036/2024, vide order dated 02.01.2025 and in the present case, charge-sheet has been filed before the competent Court and he is in jail since 14.11.2024 and conclusion of the trial is likely to take some time, therefore, I am inclined to grant regular bail to the present applicant. 4 7. Let applicant, Vijay Pandey, involved in Crime No. 1120/2024, registered at Police Station- Civil Line, District- Bilaspur (C.G.) for the offence punishable under Sections 420, 467, 468, 471 and 120- B of Indian Penal Code, be released on bail on his furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, 5 before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Kunal Sd/- (Ramesh Sinha) Chief Justice
Arguments
: Mr. Pragalbha Sharma, Advocate For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 08.01.2025 Order on Board 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 1120/2024, registered at Police Station- Civil Line, District- Bilaspur (C.G.) for the offence punishable under Sections 420, 467, 468, 471 and 120-B of Indian Penal Code. 2. The case of the prosecution, in brief, is that a written complaint was made by one Alaban Toppo (Branch Manager) of Life Insurance 2 Corporation of India (L.I.C.) Branch- Magarpara, Bilaspur (C.G.) alleging therein that one Om Prakash Pandey policy holder of three Life insurance policies of their company (Policy 28.1.2013, Policy No. 369978668/issued No.369978671/issued on on 04.01.2018 & Policy No. 369983292/issued on 06.07.2022) has manipulated his death and has procured death- certificate and his nominee namely Ramesh Pandey (Brother of Omprakash Pandey) have claimed a total of Rs. 35,98,587/- claiming the maturity of policies as his brother died and the same was forwarded and attested by one LIC Agent namely Naresh Agrawal. As one of the policies was issued 2 years back only so his claim was under "early- death claim" so a cross verification was done by the company and it was found by the company about the above fact, therefore the complaint was made against the above persons. During the course the investigation it was found that present applicant was also part of the conspiracy. 3. Learned counsel for the applicant submits that the present applicant is innocent and he has been falsely implicated in this case. He further submits that there is no evidence collecting by the prosecution to connect the present applicant in the case, he has been made co-accused in the present case only on the basis of Memorandum of co-accused, Ramesh Pandey. Further, there is no seizure of any money or any manipulated documents from the possession of the present applicant. The co-accused namely Naresh Agrawal, who is said to be the Master-Mind in the present