Raipur (C.G.) v. State Of Chhattisgarh Through
Case Details
1 2025:CGHC:48801 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1483 of 2025 VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.24 11:50:56 +0530 Shiyankhik Verma S/o Shri Sanjay Kumar Verma Aged About 19 Years R/o Ask Paradise, C-101, Wallfort City, Bhatgaon, Near Wallfort Hight, Po- Sunder Nagar, District- Raipur (C.G.) ...Applicant versus State Of Chhattisgarh Through- Police Station Nandini Nagar, District- Durg (C.G.) ... Non-applicant For Applicant
Legal Reasoning
: Mr. Sunil Otwani, Senior Advocate along with Mr. Deepak Sharma, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.09.2025 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.201/2025, registered at Police Station – Nandini Nagar District - Durg (C.G.) for the offence punishable under Sections under Sections 318(4), 338, 336(3), 340(2) of BNS and Section 66(c) of IT Act. 2. The prosecution story in brief is that on 30.06.2025 the patwari namely 2 Krishna Kumar Sinha who is posted as Patwari of Halka No. 16 received a call from an unknown person representing him as bank employee of Janjgir Champa and sought verification of PDF document pertaining to revenue record of land bearing khasra no. 1051/23, 1051/24, 1051/25. 1546/4 & 1546/5 ad-measuring about 5.9750 hectare. On an inspection the said document was found to be of a suspicious nature by the concerned patwari. Consequently on very same day i.e 30.06.2025 a report was prepared by the patwari and the said report was forwarded by him to the concerning Tehsildar for the purpose of bringing into the notice that an accused person namely Dinu Ram Yadav fraudulently used the official user ID of the Patwari of Halka No. 16, Village Achhoti and Murmunda, to create fictitious land entries (Khasra numbers) in the government land records portal and obtained a loan from the State Bank of India by keeping the aforesaid forged document in mortgage. On the basis of the report, instant FIR bearing Crime No 201/2025 was registered at Police Station Nandini Nagar, District Durg (C.G) for an alleged offence punishable under Sections 318(4), 338, 336(3), 340(2) Of BNS and Section 66(c) of IT Act against the main accused namely Dinu Ram Yadav. Out of the said loan amount which was sanctioned in bank account of Dinu Ram Yadav, amount to the tune of Rs 5 lakhs was ultimately transferred in the bank account of present applicant. The applicant is apprehending his arrest and has reason to believe that he may be arrested in connection with the Crime No 201/2025.The copy of FIR has not been uploaded by the Police authorities in website and the crime no 201/2025 is shown as "Case Sensitive" in web portal, therefore the 3 applicant could not file copy of FIR along with the instant bail application. 3. The applicant is a 19-year-old college student with no prior criminal record, who has been falsely implicated in the present case. His father, Shri Sanjay Kumar Verma, had advanced a friendly loan of Rs. 5,00,000/- to the main accused, Dinu Ram Yadav, on 20.12.2022 through a duly executed Ikrarnama, and the amount received in the applicant’s account was repayment of the said loan. The applicant had no knowledge of the alleged fraudulent activities of the main accused, nor of the source of the funds, and there is no element of criminal intent (mens rea) on his part. The entire case against him is based only on documentary evidence, namely the bank transaction, for which he has already produced the loan agreement, bank statement, and passbook extract, demonstrating that custodial interrogation is not necessary. The applicant opened his savings account independently on 22.11.2024 after attaining majority, and the transfer of Rs. 20,00,000/- into his account was made only because his father, who was out of station, directed the main accused to collect the account details from him. The applicant is a permanent resident of Raipur (C.G.), willing to furnish adequate surety, and undertakes to abide by all directions and conditions imposed by this Hon’ble Court while granting bail. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions 4 made by learned counsel for the applicant, the nature of the allegations, and the material available on record, it is observed that the applicant is the son of Sanjay Verma, who is said to have given a loan to one Dinu Ram Yadav. In repayment of the said loan, an amount of Rs.5,00,000/- was transferred by Dinu Ram Yadav into the account of the applicant. It is further noted that the father of the applicant has not yet been made an accused in the present case, and the allegation against the applicant is confined only to the receipt of the said amount in his account. The applicant is a student, and his case is distinguishable from that of his father. Without expressing any opinion on the merits, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Shiyankhik Verma, 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) he 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 her from disclosing such fact to the Court. (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he shall appear before the trial Court on each and every date given to him by the said Court till 5 disposal of the trial. (d) the applicant and the surety shall submit a copy of her 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Vaibhav