Nafr High Court
Case Details
1 KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2025:CGHC:1278 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7972 of 2024 Shirish Pandey S/o Shri Girish Pandey Aged About 28 Years R/o Civil Lines Balodabazar, District Balodabazar Bhatapara Chhattisgarh. Applicant versus The State Of Chhattisgarh Through Station House OfÏcer, Police Station City Kotwali Balodabazar, District Balodabazar Bhatapara Chhattisgarh. Non-applicant For Applicant : Mr. Sunil Sahu, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. MCRC No. 7888 of 2024 Shirish Pandey S/o Shri Girish Pandey Aged About 28 Years R/o Civil Lines Balodabazar District - Balodabazar Bhatapara (C.G.) Applicant Versus The State Of Chhattisgarh Through Station House OfÏcer Police Station City Kotwali Balodabazar District - Balodabazar - Bhatapara (C.G.) Non-applicant For Applicant : Mr. Sunil Sahu, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. 2 MCRC No. 8252 of 2024 Aashish Shukla S/o Late Sidhanath Shukla Aged About 40 Years R/o Gandhi Chowk, Balodabazar, District Balodabazar-Bhatapara Chhattisgarh Non-applicant Versus State Of Chhattisgarh Through The Station House OfÏcer, Police Station City Kotwali Balodabazar, District Balodabazar-Bhatapara Chhattisgarh Non-applicant For Applicant
Legal Reasoning
: Mr. Raghvendra Pradhan, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. MCRC No. 8860 of 2024 Shirish Pandey S/o Girish Pandey Aged About 28 Years R/o Civil Lines Balodabazar, District Balodabazar Bhatapara, Chhattisgarh. Applicant Versus State Of Chhattisgarh Police Station City Kotwali, Balodabazar, District Balodabazar Bhatapara, Chhattisgarh. Non-applicant For Applicant : Mr. Prakash Tiwari, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. MCRC No. 8869 of 2024 Shirish Pandey S/o Girish Pandey Aged About 28 Years Resident Of Civil Lines, Balodabazar District Balodabazar Bhatapara (C.G.) Applicant Versus State Of Chhattisgarh Police Station City Kotwali, Balodabazar District Balodabazar Bhatapara (C.G.) Non-applicant 3 For Applicant : Mr. Anmol Singh Khanusa, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. MCRC No. 8922 of 2024 Aashish Shukla S/o Late Sidwanath Shukla Aged About 40 Years R/o Gandhi Chowk Balodabazar, District- Balodabazar-Bhatapara, Chhattisgarh. Applicant Versus State Of Chhattisgarh Through The Station House OfÏcer, Police Station City Kotwali Balodabazar, District- Balodabazar-Bhatapara, Chhattisgarh. Non-applicant For Applicant : Mr. Raghvendra Pradhan, Advocate. For Non-applicant/State : Ms. Ankita Shuikla, Panel Lawyer. MCRC No. 8902 of 2024 Aashish Shukla S/o Late Sidwanath Shukla Aged About 40 Years R/o Gandhi Chowk Balodabazar, District Balodabazar-Bhathapara (Chhattisgarh) Applicant Versus State Of Chhattisgarh Through- The Station House OfÏcer, Police Station City Kotwali Balodabazar, District Balodabazar-Bhathapara (Chhattisgarh) Non-Applicant For Applicant : Mr. Raghvendra Pradhan, Advocate. For Non-applicants/State : Ms. Shubha Shrivastava, Panel Lawyer. 4 Hon'ble Mr. Ramesh Sinha, Chief Justice 08/01/2025 Order on Board 1. Since all these bail applications are the first bail application of the respective applicants, arising out of similar incidents registered at City Kotwali, Balodabazar District-Balodabazar-Bhatapara, though under different crime numbers, they are being heard and decided by this common order. 2. The relevant particulars with respect to each applicant in the bail applications are as under: M.Cr.C.No. Name of Police Station Crime Offence Date of the Applicant Number under Arrest Sections 7972/2024 Shirish City Kotwali, 250/2024 384, 389/34 27.08.2024 of IPC Pandey Balodabazar District- Balodabazar- Bhatapara 7888/2024 Shirish -do- 260/2024 384, 389, 27.08.2024 Pandey 212, 201/34 of IPC 8252/2024 Aashish -do- 260/2024 384, 389/34 06.09.2024 Shukla of IPC 8860/2024 Shirish -do- 261/2024 384, 389, 03.10.2024 Pandey 212, 201, 34 of IPC 8869/2024 Shirish -do- 262/2024 384, 389, 03.10.2024 Pandey 212, 34 of IPC 8902/2024 Aashish -do- 261/2024 212, 384, 03.10.2024 5 Shukla 389/34 of IPC 8922/2024 Aashish -do- 262/2024 384, 389, 03.10.2024 Shukla 212, 34 of IPC 3. Case of the prosecution in brief: In MCRC No. 7972/2024- The police of police station City Kotwali, District-Balodabazar-Bhatapara received an information that some of the Businessman as well as the peoples of Balodabazar have been threatened by preparing the video and taking the obscene Photographs and a sex Scandal racket is prepared on fear the amount has been received by the accused persons therefore the police arrested co-accused persons on 01.04.2024 in connection with crime No. 250/2024 then the statement of other victims were recorded in which it appears that huge amount has been taken by the co-accused persons from D. K. Das, Gopal Sahu, Dr. Bhanu, Devnarayan Pandey, Amrit Sahu with threat that they will implicate in a rape case and sex scandal so on the basis of the complaint, police make inquiry in the matter and registered the FIR against the co-accused persons, recorded the statement of accused Durga Tandan who named the present applicant therefore, the concerned police station arrested the applicant and after completion of the investigation filed the charge-sheet. In MCRC No.7888/2024- On 01.04.2024, co-accused were arrested in connection with crime No. 250/2024 then the complainant namely Dharmednra Kumar Das @ D. K. Das lodged the report at Police station City Kotwali, Distt. - Balodabazar- 6 Bhatapara on 07.04.2024 against the co-accused with the averment that the co-accused persons have extorted Rs. 15,00,000/- with threat that they will implicate in a rape case and sex scandal so on the basis of the report, the concerned police make inquiry in the matter and registered the FIR against the co- accused persons, recorded the statement of accused Durga Tandan who named the present applicant therefore the concerned Police arrested the applicant and after completion of the investigation chargesheet has been filed. In MCRC No. 8252/2024- The police during the investigation enquired the victim Dharmendra Kumar Das and recorded his 161 CrPC statement, in which this fact have been revealed that the applicant along with other co-accused persons have extorted Rs.15 lakhs from the minor victim by threatening her of committing rape upon her and distributed the said amount between themselves, upon such the FIR has been registered against them. In MCRC No. 8860/2024-A case was registered under Section 384, 389, 212, 201/34 of IPC, in a different crime number by the police of City Kotwali Balodabazar against one Monty and one Masked Woman. Wherein, it has come to light that between the period of 15.02.2024 to 20.02.2024, the accused Monty and the masked women had demanded money from one Amrish Sahu by threatening to implicate him in a sex scandal and extorted Rs. 50,000/- from Ashish Sahu and Rs. 25,000/-by way of Akash Kesharwani and also Rs. 2,00,000/- was given to Raveena Tandon & Anurita Banjare near Lohan road at Kohraud Road. Then, the 7 Assistant Sub-Inspector registered a separate Crime No. 261/2024 by naming the present accused. On the basis of the statement of witnesses recorded in a different crime number, the present applicant was arrested. In MCRC No.8869/2024- A case was registered under section 384, 389, 212/34 of IPC in a different crime number by the police of City Kotwali Balodabazar against one Monty and one Masked Woman. Wherein, it has come to light that between the period of 15.02.2024 to 20.02.2024 the accused Monty and the masked women had demanded money from one Amrish Sahu by threatening to implicate him in a sex scandal and extorted Rs. 50,000/- from Ashish Sahu and Rs. 25,000/-by way of Akash Kesharwani and also Rs. 2,00,000/- was given to Raveena Tandon & Anurita Banjare near Lohan road at Kohraud Road. Then, the Assistant Sub-Inspector registered a separate Crime No. 262/2024 by naming the present accused. On the basis of the statement of witnesses recorded in a different crime number the present applicant was arrested. In MCRC No. 8922/2024-The police during the investigation, enquired the victim and recorded his 161 CrPC statement, in which this fact have been revealed that the co-accused Ravina Tandan along with other co-accused and applicant persons have extorted Rs. 06 lakhs from the complainant by threatening him of committing rape and to settle down this matter and distributed the said amount between themselves, upon such basis, FIR was registered against them. 8 In MCRC No. 8902/2024-The police during the investigation enquired the victim Amrish Sahu and recorded his 161 CrPC statement, in which this fact have been revealed that the applicant along with other co-accused persons have extorted Rs.2.75 lakhs from the complainant by threatening herein of committing rape and distributed the said amount between themselves, upon such basis, FIR was registered against them. 4. Mr. Raghavendra Pradhan, Mr. Prakash Tiwari, Mr. Sunil Sahu, Mr. Anmol Singh Khanusa Learned counsel for the applicants submits that the applicants have been falsely implicated in these cases. The applicants have been implicated in this case on the basis of memorandum statement of other co-accused persons and they were not named in the FIR. All the other co-accused who have been named in the FIR have already been granted bail by the learned trial Court. The co-accused Anjor Manjhi, who is stated to be an Assistant Sub Inspector of Police, has been granted bail by this Hon’ble Court in one case and in other case, he was granted bail by the learned Trial Court itself. 5. It is submitted that the applicant-Aashish Shukla is the District Head of Daily Newspaper “Bhaskar Doot” and he was having some dispute with the members of the Press Club because of which he has been falsely implicated. The applicant is having a good reputation in the society. His elder brother is physically handicapped and his family will have to suffer if he is not released on bail. It is lastly submitted that there are total three offences registered against the applicant-Ashish Shukla. 6. So far as the applicant-Shirish Pandey is concerned, there are total 9 four offences registered against him. He is not named in the FIR and he has also been roped in the case only on the basis of memorandum statement of other co-accused persons and further after fling of the charge-sheet, learned trial Court discharged the co-accused Mahan Mishra and other three accused persons are on bail. They further submits that the victim Amrish Sahu, Dharmendra Kumar Das, Devnarayan Pandey, Dr. Bhanu and Gopal Sahu have not stated anything against the present applicant they did not speak about the involvement of the applicant and only on the basis of oral statement of one of the co-accused namely Durga Tandan, the concerned police has arrested the applicant Shirish Pandey. It is further submitted that the memorandum statement of co-accused can not be legally used against the applicant as no amount has been received by the present applicant and no any amount has been transferred in the account of present applicant by the complainant or his companions and the applicant Shirish Pandey is the Political person and his name has been roped in the present case to close his police carrier by the political enmity and in the present case, charge-sheets have been filed before the competent Court and the applicants are in jail since, which are mentioned in Paragraph No. 2, the trial is likely to take some time therefore, he prays for grant of regular bail to the applicants. 7. On the other hand, learned State counsel appearing for the respondent/State opposes the bail application and submits that the names of the present applicants have come to light in the 10 memorandum statements of the co-accused persons, who have committed offence in question. They further submits that there are total four offence registered against the applicant Shirish Pandey and 3 offences have been registered against the applicant Aashish Shukla. They further submits the present applicants have committed an organised crime in which there is involvement of lawyers, police personnel, journalist, representative of the Member of Parliament, ward councillors etc. It is a case of honey trap in which the innocent persons have been extorted after taking obscene videos and photographs. The applicants have realised huge amount of money from the victims by threatening them to implicate them in sex scandals and rape cases. Hence, the present applicants are not entitled for grant of bail. 8. I have heard learned counsel appearing for the parties and perused the case diary. 9. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicants and the filing of the charge-sheet, the fact that on the basis of memorandum statement of the co-accused the applicants have been made accused in the aforesaid cases and further the co- accused who have been named in the FIR, namely Mahan Mishra, Durga Tandon, Pratyush Maraiya and Ravina Tandon, have already been granted bail by the learned trial Court and one of the police personnel namely Anjor Manjhi has been granted bail in one case by this Hon’ble Court and in other case, he has been granted bail by the learned trial Court, hence, without further commenting 11 anything on merits, I am inclined to grant bail to the applicants. 10. Let the Applicants- Shirish Pandey and Ashish Shukla, involved in Crime Nos. as detailed in paragraph No. 2 above, registered at Police Station City Kotwali, Balodabazar, District Balodabazar- Bhatapara for the offence as detailed in paragraph No. 2 above, be released on bail on their furnishing a personal bond with two sureties (each) in respect of each cases, in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in 12 accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants shall remain present, in person, 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 applicants are deliberated 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 them in accordance with law. 11. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Kunal