Anticipatory bail granted based on lack of arrest since FIR, continuous employment, and absence of prior criminal record.

Order On Board

13/08/2025

1. Applicant has filed this application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “ BNSS ”)

Digitally signed by PRAVEEN KUMAR for grant of anticipatory bail as he was apprehending his arrest SINHA Date:

2025.08.14 in connection with Crime No.105 of 2021 registered at Police +0530 Station- Komakhan, District- Mahasamund (CG) for offence punishable under Sections 120-B, 34, 406, 409, 419, 420, 465, 466, 467, 468, 471, 477-A of IPC.

2. Case of the prosecution, in brief, is that complainant Anandram Chouhan lodged report to the concerned police station on 03.07.2021 alleging that he was registered owner of land bearing kh. no. 232 admeasuring 4.17 hectares. In the year 2012-13 he intended to sell the said land and in that process he came in contact with one Kashiram Baghel (co-accused) who assured him that he will search buyer of land but for it complainant is required to handover original rin-pustika (kissan book) upon which complainant handed over the same to co- accused. After lapse of 3- 4 years, when no buyer contacted him, he asked for return of rin-pustika from Kashiram upon which he was informed that it was lost, however, he will get prepared duplicate rin-pustika, expenses of which is to be borne by complainant. But after long time when duplicate rin-pustika was not handed over to complainant, he himself made an attempt and as per advice he lodged complaint to concerned police station of missing of rin-pustika. Police recorded proceeding under Section 155 of Cr.P.C. and handed over copy to him based upon which he made an application before Tahsildar for issuing duplicate rin-pustika. At that relevant point of time he came to know that on his rin-pustika there was charge of two loans one form Canara Bank and another from Dena Bank, Bagbahara Branch of Rs.5 lakh and Rs.4 lakh respectively. It is thereafter the FIR was lodged in the concerned police station on 03.07.2021 against applicant, the then Branch Manager of Canara Bank Branch Mahasamund, Prashant Patel the then Branch Manager, Dena Bank, Branch Mahasamund, Kashiram Baghel and Kritpal Gada.

3. Learned counsel for the applicant submits that applicant has been falsely implicated in the crime. From contents of FIR, it is reflecting that main culprit who hatched conspiracy of committing the offence is Kashiram Baghel and Kritpal Gada. Kashiram has obtained rin-pustika of complainant and he was impersonated by Kritpal Gada in the document of procuring loan from Bank and accordingly loan was sanctioned. She also submits that applicant being Bank Manager is not to prepare all the documents of loan but it comes to his table only for sanction. Applicant has not knowingly signed the sanction letter sanctioning KCC loan of Rs.5 lakh of any cheating or fraud committed by other co-accused for getting loan. She also contended that there is no other criminal record of applicant, he being the sincere and hardworking employee of Bank has been granted promotion from Manager to Senior Manager looking to his conduct and work, in discharge of his duties. Applicant is not absconding, however, he was posted at Delhi, Chandigarh and now at Deoghar, Jharkhand . She submits that applicant is holding the post of Senior Manager, there is no likelihood of his absconding and further he would appear and co-operate in the investigation and will appear before investigating agency as and when required and therefore he be extended benefit of anticipatory bail.

4. On the other hand, learned counsel for the State opposes the submission of learned counsel for the applicant. He submits that from proceedings of case diary and documents available, it is reflecting that initially rin-pustika was handed over to co-accused Kashiram who assured the complainant that he will make arrangement for buyer of the immovable property situated at Village Boirgaonkhar bearing kh. no.232 admeasuring 4.17 hectares and has also procured original rin-pustika from complain