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Judgment
13 paragraphs · 678 wordsRamesh Sinha, CJ
The applicant has preferred this second application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.330/2025, registered at Police Station Takhatpur, District Bilaspur, C.G, for alleged commission of offence punishable under Section 420 read with section 34 of the Indian Penal Code.
Case of the prosecution, in brief, is that it is alleged that in year 2021-2022 the applicant and other co-accused have cheated on the complainant by procuring Rs. 43,00,000/- from him in lieu of providing employment to his family members and when the money was demanded back by the complainant the accused persons did not return it back to the complainant for which the unwarranted first information report was lodged against the applicant.
Learned counsel for the applicant submits that this is the second anticipatory bail application of the applicant and first anticipatory bail application of the applicant was dismissed as withdrawn on 10/10/2025 vide MCRCA No.1560/2025. He would submit that the applicant is innocent and has been falsely implicated in the present case and he has no connection with the alleged offences. He would further submit that the applicant himself is a victim of extortion committed by the main accused, Javed Khan, against whom the applicant has already lodged a report at Police Station Civil Lines, Bilaspur. An FIR was registered, and Javed Khan has been arrested. In his statement before the Sessions Court, Bilaspur, Javed Khan admitted that he alone committed the offence. He would submit that there is no material on record connecting the applicant with the alleged offence and the entire transaction amount of Rs.43 lakhs was received by Javed Khan and his wife, Seema Soni. He would submit that co-accused Vishnu Rajput has been granted regular bail by this Court in MCRC No.5901/2025 on 21/08/2025. He would submit that the applicant is a permanent resident of the address mentioned in the cause title and undertakes to cooperate with the investigation and trial, therefore he prays to enlarge the applicant on anticipatory bail.
On the other hand, learned State counsel as also learned counsel for the objector oppose the prayer for grant of anticipatory bail.
I have heard learned counsel for the parties and perused the material available on record.
From perusal of the records, it transpires that this is the second anticipatory bail application of the applicant and first anticipatory bail application of the applicant was dismissed as withdrawn on 10/10/2025 vide MCRCA No.1560/2025. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, material available on record, further the fact co-accused Vishnu Rajput has been granted regular bail by this Court in MCRC No.5901/2025 on 21/08/2025 and also considering the fact that investigation and trial are likely to take some time, therefore, I am inclined to grant anticipatory bail to the present applicant.
Accordingly, the second anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant – Anish Rajput, 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 his 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.
